Finch v. McClellan
Indiana Court of Appeals
From St. Joseph Circuit Court; Walter A. Funk, Judge. Action by Charles McClellan against Samuel N. Finch and another, as partners, wherein the named defendant died before trial and Ira A. Finch, administrator of his estate, was substituted as a party defendant. From a judgment for plaintiff, the defendants appeal.
1Opinion
On Petition for Rehearing.
McMahan, J.
Appellee on petition for rehearing contends that we erred in holding that he was not a competent witness to testify concerning the conversation he had with the deceased partner wherein he made a demand for the market price of the wheat, and says that our decision is contrary to Dodds v. Rogers (1879), 68 Ind. 110, which it is claimed is a ruling precedent.
In this we think appellee is in error. In that case the action was founded on a promissory note signed “Snodgrass & Dodds” and alleged to have been executed by Snodgrass and Dodds as partners. Snodgrass…
2Cases cited9 opinions
- Clift v. . MosesNew York Court of Appeals · 1889
- Hess v. LowreyIndiana Supreme Court · 1890
- Gage v. PhillipsNevada Supreme Court · 1891
- Alexander's Ex'rs v. AlfordCourt of Appeals of Kentucky · 1883
- Bay View Brewing Co. v. GrubbWashington Supreme Court · 1903
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