Blackburn v. Thompson
Supreme Court of Arkansas
Appeal from Desha Chancery Court; Zachariah T. Wood, Chancellor.; The chancellor erred in holding that defendant was not a competent witness to testify as to the conversation with the deceased partner. The surviving partner was allowed to testify as to the same transaction, and there is no good reason why the other’s mouth should be closed. 19 Ark. 443; 26 Id. 135; 54 Id. 395; 69 Id. 242. The administrator was not a necessary party to the suit.
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Appeal from Desha Chancery Court; Zachariah T. Wood, Chancellor.; The chancellor erred in holding that defendant was not a competent witness to testify as to the conversation with the deceased partner. The surviving partner was allowed to testify as to the same transaction, and there is no good reason why the other’s mouth should be closed. 19 Ark. 443; 26 Id. 135; 54 Id. 395; 69 Id. 242. The administrator was not a necessary party to the suit. George on Partnership, p. 384; 65 Am. Dee. 293; 44 111. 33; 27 Mich. 537; 2% Me. 550; Shumaker on Partnership, 284; 17 Ark. 477; 30 Cyc. 623; 114 Ga.…
1Opinion of the CourtWood, J.
(after stating the facts).(1) There is no usury on the face of the account or the mortgage. Appellant admits the execution of the mortgage and that same was given to secure an amount then due, and sets up in defense the plea of usury. The burden was therefore upon appellant, by competent testimony, to establish his p'le,a\.(2) Conceding, without deciding, that the administrator of the estate of W. P. Thompson was not a proper party, it is a fact nevertheless that the administrator, from the inception of the cause to its final hearing by the trial court, was a party plaintiff. Appellant,…
2Cases cited15 opinions
- Briggs v. SteeleSupreme Court of Arkansas · 1909
- Pettigrew v. Washington CountySupreme Court of Arkansas · 1884
- Murphy v. MyarSupreme Court of Arkansas · 1910
- McRae v. HolcombSupreme Court of Arkansas · 1885
- Richeson v. National BankSupreme Court of Arkansas · 1910
10 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Sewell v. UmstedSupreme Court of Arkansas · 1925
- Henry v. Union Sawmill CompanySupreme Court of Arkansas · 1926
- Sanders v. McClintockSupreme Court of Arkansas · 1927
- Bank of Dyer v. ColeSupreme Court of Arkansas · 1923
- Cagle v. Boyle Mortgage Co.Supreme Court of Arkansas · 1977
3 more not listed; retrieve them via the Exa API.