Rathvon v. White

White, as administrator of the estate of James B. Smoot, deceased, brought the present action upon a promissory - note given Smoot in his life-time by Eathvon & Co. Defendants pleaded set-offs aggregating upwards of $230. These set-offs were alleged to have been due and payable prior to Smoot’s death. The cause reached the district court by appeal, and judgment was there rendered for plaintiff.

At the trial the deposition of Samuel P. Eathvon, who had been the leading member of the firm, of Eathvon & Co., touching the alleged set-offs, was offered in evidence by defendants. Hpon objection,…