Andrews v. Hayden's Adm'r
Court of Appeals of Kentucky
Case 71 — PETITION ORDINARY — APPEAL PROM NELSON CIRCUIT COURT. 1. Where the two defenses, “non est factum,,” and “no consideration,” are presented, it is error to require the plaintiff to introduce all his evidence as to both issues in chief. 2. It was error to refuse to allow plaintiff to testify in rebuttal as to the-consideration of a note after evidence by defendants’ witnesses of conversation with plaintiff as to the consideration. 3. On an issue of the genuineness of…
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Case 71 — PETITION ORDINARY — APPEAL PROM NELSON CIRCUIT COURT. 1. Where the two defenses, “non est factum,,” and “no consideration,” are presented, it is error to require the plaintiff to introduce all his evidence as to both issues in chief. 2. It was error to refuse to allow plaintiff to testify in rebuttal as to the-consideration of a note after evidence by defendants’ witnesses of conversation with plaintiff as to the consideration. 3. On an issue of the genuineness of handwriting, other writings are competent in evidence only when their genuineness is established to the-satisfaction of…
1Opinion of the Court
JUDGE PRYOR
delivered ti-ie opustioh or the court.
This action was instituted in the court below on a note for $2,385, purporting to have been executed by R. B. Hayden, in his lifetime, to the appellant, Andrews, and, Hayden being dead, is presented against his personal representatives.
The administrators declined to pay the note and have-pleaded non est factum and a want of consideration, and on the trial, the law and facts having been submitted to-the judge, a judgment was rendered for the defendants, on both issues.
The errors complained of consist in the admission, as. *457appellant contends, of…
2Cited by24 opinions
- New Ellerslie Fishing Club v. StewartCourt of Appeals of Kentucky · 1906
- Fourth National Bank v. McArthurSupreme Court of North Carolina · 1915
- State v. MaxwellSupreme Court of Kansas · 1940
- Browning v. GosnellSupreme Court of Iowa · 1894
- Piner v. . BrittainSupreme Court of North Carolina · 1914
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