Cunningham's Administrator v. Speagle
Court of Appeals of Kentucky
Case 31 — ACTION ON NOTE — APPEAL FROM FAYETTE CIRCUIT COURT. 1. It was error to permit plaintiff to state that she saw Armstrong sign his name to the note as an attesting witness; and further, that she was familiar with the signature and hand-writing of Armstrong and that his name as it appeared in the note was in his hand-writing.
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Case 31 — ACTION ON NOTE — APPEAL FROM FAYETTE CIRCUIT COURT. 1. It was error to permit plaintiff to state that she saw Armstrong sign his name to the note as an attesting witness; and further, that she was familiar with the signature and hand-writing of Armstrong and that his name as it appeared in the note was in his hand-writing. Civil Code, sec. 606, sub-see. 2; Holliday v. McKinnie, 22 Florida, 153; Maverick v. Marvel, 90 N. Y., 656; Koehler v. Adler, 91 N. Y., 657; Berry v. Stevens, 69 Maine, 290; Jones on Evidence, vol. 3, 793; Gist v. Gaust, 30 Ark, 285; Anchampaugh v. Schmidt, 72…
1Opinion of the Court
JUDGE GUFFY
delivered the opinion of the covet.
On the 17th of February, 1896, the plaintiff (now appellee), Ella C. Speagle, instituted this action in the Fayette circuit court against the appellants. It is substantially alleged in the petition that Rachel Cunningham on the 9th of June, 1887, executed to the plaintiff her promissory note for $150, due in 36 months, with interest at 6 per cent. The petition also shows that the obligor is dead, and that Marshall is her administrator, and that the other defendants are heirs at law. Said note reads as follows:
“Lexington, Ky., June 9th, 1887.…
2Cases cited6 opinions
- Graves v. Cameron, Castles & StoreyTexas Supreme Court · 1890
- Holliday v. McKinneSupreme Court of Florida · 1886
- Harpending's ex'rs v. DanielCourt of Appeals of Kentucky · 1882
- Hardin's adm'r v. TaylorCourt of Appeals of Kentucky · 1880
- Meazels v. MartinCourt of Appeals of Kentucky · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Embrey v. Southern Gas & Electric Corp.Supreme Court of Florida · 1953
- Works v. DeCampIndiana Court of Appeals · 1907
- State Ex Rel. Igoe v. JoyntSupreme Court of Missouri · 1937
- Callision v. KirkpatrickSupreme Court of Oklahoma · 1930
- Tarter v. MedleyCourt of Appeals of Kentucky (pre-1976) · 1962
5 more not listed; retrieve them via the Exa API.