Hurry v. Kline
Court of Appeals of Kentucky
Cask 63 — PETITION ORDINARY APPEAL FROM JEFFERSON COURT OF COMMON PLEAS. Appellee was not competent to testify for himself concerning vcrbal statements and transactions with James 1?. Irvin, the payee of the note sued on, who was dead at the time said evidence was given. (Civil Code, sec. 606, suhsec., 2; Apperson’s Ex’or v. Exchange Bank, 10 Ky.
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Cask 63 — PETITION ORDINARY APPEAL FROM JEFFERSON COURT OF COMMON PLEAS. Appellee was not competent to testify for himself concerning vcrbal statements and transactions with James 1?. Irvin, the payee of the note sued on, who was dead at the time said evidence was given. (Civil Code, sec. 606, suhsec., 2; Apperson’s Ex’or v. Exchange Bank, 10 Ky. Law Rep., 497; Harpending’s Bx’or v. Daniel, 80 Ky.; Alexander’s Ex’ors v. Alford, 89 Ky., 105.) Section 606 of the Civil Code has no application to a case like this. It is intended to govern in a case where the decedent’s estate is a party, or where…
1Opinion of the Court
JITDG-E LEWIS
delivered the opinion of the court.
The note sued on in this case was executed by appellee to J. T. Irvin, who assigned to appellant.
In support of his plea of no consideration, appellee was permitted by the lower court to testifj’ as a witness to what took place concerning execution and consideration of the note between himself and Irvin, who bad died before the action was commenced. And the decisive question before us is whether that testimony is competent ; as without it his only defense must, as the record now appears, fail.
Section 605, Civil Code, pi’ovides that, subject to…
2Cases cited2 opinions
- Harpending's ex'rs v. DanielCourt of Appeals of Kentucky · 1882
- Hardin's adm'r v. TaylorCourt of Appeals of Kentucky · 1880
3Cited by6 opinions
- Cunningham's Administrator v. SpeagleCourt of Appeals of Kentucky · 1899
- Townsend v. WilsonCourt of Appeals of Kentucky · 1903
- Bagby's Administrator v. American Surety Co.Court of Appeals of Kentucky · 1914
- Leonora Nat. Bank v. Ragland's Admr.Court of Appeals of Kentucky · 1908
- Taul v. BrickeyCourt of Appeals of Kentucky · 1920
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