Kendall's v. Collier
Court of Appeals of Kentucky
Case 67 — PETITION ORDINARY APPEAL FROM GRANT CIRCUIT COURT. 1. The only defense made to the note was non est factum, and all testimony was inadmissible except such as tended to elucidate the one question whose handwriting the signature was. 2. It was error to allow the appellee to testify against the decedent as to transactions had with said decedent, and acts done or omitted to be done by him. (Civil Code, sec. 606, sub-sec. 2; Jeffers v. Simpson, &e., 11 Ky.
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Case 67 — PETITION ORDINARY APPEAL FROM GRANT CIRCUIT COURT. 1. The only defense made to the note was non est factum, and all testimony was inadmissible except such as tended to elucidate the one question whose handwriting the signature was. 2. It was error to allow the appellee to testify against the decedent as to transactions had with said decedent, and acts done or omitted to be done by him. (Civil Code, sec. 606, sub-sec. 2; Jeffers v. Simpson, &e., 11 Ky. Law Rep., 328.) 3. The testimony of witnesses that decedent had at various times extending over several years admitted that he had…
1Opinion of the Court
JUDGE EASTIN
delivered tiie opinio'n of the court.
This action was brought by appellee against appellant H. C. Chinn, as executor of the estate of T. R. Kendall, deceased, on a promissory note purporting to have, been executed by decedent for the sum of five hundred dollars, and also on an open account for the sum of about twenty-six dollars alleged to be owing from decedent at the time of his death, but against which appellee, in his petition, admitted a counter indebtedness on his part to appellant for the sum of about thirty-six dollars.
For the purposes of this appeal it is not necessary…
2Cited by6 opinions
- Polley v. Cline's Ex'rCourt of Appeals of Kentucky (pre-1976) · 1936
- Pioneer Coal Company v. Polly, Administrator.Court of Appeals of Kentucky (pre-1976) · 1925
- Milliren v. Federal Life Insurance Co.Supreme Court of Minnesota · 1932
- Evans v. Commonwealth.Court of Appeals of Kentucky (pre-1976) · 1932
- Nagle v. SchnadtIllinois Supreme Court · 1909
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