Hutchinson v. Phillips
Supreme Court of Arkansas
Appeal from the tultoti Circuit Court. In April, 1843, Willis Phillips as administrator, and Rachael Brown as administratrix of James S. Brown deceased, brought an action of assumpsit against Arthur C. Welch, in the Lawrence circuit court.
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Appeal from the tultoti Circuit Court. In April, 1843, Willis Phillips as administrator, and Rachael Brown as administratrix of James S. Brown deceased, brought an action of assumpsit against Arthur C. Welch, in the Lawrence circuit court. Declaration contained the following counts: 1. That on the 5 th April, 1842, defendant Welch was Indebted to plaintiff’s intestate in the sum of $2,000 for money had and received by defendant to and for the use of said James S. Brown &c. 2. And also in the like sum for work and labor &c. 3. And in the further sum of $500 for divers goods and chat-ties,…
1Opinion of the CourtChief Justice Johnson
The objection to William Byers as a witness was not well taken. It was not sufficient to exclude him, simply to show that he was the attorney of the plaintiffs. His testimony, however, as to the value of the property described by him was not admissible under the money counts. In order to have authorized this testimony under these counts, it was first necessary ihatit should have been shown that the title to the property was in the plaintiff’s intestate, and that it had either been reduced to money by Welch, or that he had done such acts as to amount to a receipt of money.
The plaintiffs having…
2Cases cited2 opinions
- Washburn v. M'InroyNew York Supreme Court · 1810
- Delany v. VaughnCourt of Appeals of Kentucky · 1814