Kellogg v. Adams
Wisconsin Supreme Court
APPEAL from tlie Circuit Court for Fond du Lao County. Replevin, for a piano. Defendant took the property as agent of one Corbett, who claimed it by virtue of a mortgage thereof given to him by plaintiff’s husband, O. ~W. Kellogg, to secure a note of the latter.
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APPEAL from tlie Circuit Court for Fond du Lao County. Replevin, for a piano. Defendant took the property as agent of one Corbett, who claimed it by virtue of a mortgage thereof given to him by plaintiff’s husband, O. ~W. Kellogg, to secure a note of the latter. On the trial, plaintiff read in evidence the deposition of Mrs. Ida Smith, a daughter of the plaintiff and O. W. Kellogg, who testified that she was twenty-four years old; that she then resided in Iowa and was engaged in school-teaching; that the piano was given to her by the plaintiff on her eleventh birthday, and that she had owned…
1Opinion of the CourtOeton, J.
The testimony as to what was said by the plaintiff and her daughter Ida in respect to the gift and possession of the piano, was proper in connection with and as explaining their possession of the instrument, after its purchase by the mother and its gift to the daughter. "What is said by the person in the possession of property, explanatory of such possession, is a part of the res gestee. This is an elementary rule of evidence. 1 Greenl. on Ev., sec. 109. The other objections to evidence were solely on the ground of its immateriality; and if the evidence was immaterial, it would not be likely…
2Cases cited4 opinions
- Kerrigan v. RautiganSupreme Court of Connecticut · 1875
- James v. Van DuynWisconsin Supreme Court · 1878
- Pierson v. HeiseySupreme Court of Iowa · 1865
- Knaggs v. GreenWisconsin Supreme Court · 1880
3Cited by10 opinions
- McDermott v. JacksonWisconsin Supreme Court · 1897
- Second National Bank of Beloit v. MerrillWisconsin Supreme Court · 1892
- Pirie v. Le SaulnierWisconsin Supreme Court · 1915
- Estate of Horkan v. CroalWisconsin Supreme Court · 1927
- Dresser v. LemmaWisconsin Supreme Court · 1904
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