Drake v. Seck

The opinion of thé court was delivered by

Burch, J.:

The action was one against the administratrix of the estate of Berthold J. Seck, to recover on two promissory notes executed by Seck in his lifetime. The court directed a verdict, for plaintiff, and defendant appeals.

Execution of the notes was formally denied under oath. Drake testified his wife wrote the notes. The testimony was admissible because it involved nothing which Drake did or which Seck did in any transaction between them. However, Mrs. Drake testified she wrote the notes. The fact was not disputed, so Drake’s testimony was…