Seligman v. Estate of Ten Eyck
Michigan Supreme Court
Error to Saginaw. (Gage, J.) Appeal from judgment in favor of claimant against estate. Tbe facts are stated in the opinion and foot notes, and in former reports of same case found in 49 Mich. 104, and 53 Mich. 287. Deceased’s boobs of account were received in evidence on the former trial of this case, and the entries made use of by the claimants to aid in establishing their claim; but it was held by this Court that such entries could not be used without explanations which no…
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Error to Saginaw. (Gage, J.) Appeal from judgment in favor of claimant against estate. Tbe facts are stated in the opinion and foot notes, and in former reports of same case found in 49 Mich. 104, and 53 Mich. 287. Deceased’s boobs of account were received in evidence on the former trial of this case, and the entries made use of by the claimants to aid in establishing their claim; but it was held by this Court that such entries could not be used without explanations which no one but the deceased could give., and therefore were incompetent evidence; Seligman et al v. Estate of Ten Eyck, 53…
1Opinion of the CourtCampbell, C. J.
This case comes up a third time on error from the Saginaw circuit, upon a claim disallowed by the •commissioners on the estate, but allowed at the circuit by verdict. The claim presented was for what remained due under a contract made November 23, 1878, between John P. Kroll and the decedent, whereby Kroll was to deliver 2,000,000 of white pine logs not less than 14 inches in smallest diameter, from section 12, the N. £ of section 13, and the N. E. ¿ of section 14, in town 20 N., of range 1 E. The price was to be five dollars a thousand feet; payable, three dollars when the logs were…
2Cases cited1 opinion
- Smith v. KellyMichigan Supreme Court · 1880
3Cited by4 opinions
- Ripley v. SeligmanMichigan Supreme Court · 1891
- Itasca Cedar & Tie Co. v. McKinleySupreme Court of Minnesota · 1914
- Seligman v. Estate of Ten EyckMichigan Supreme Court · 1889
- Sullivan v. GodkinMichigan Supreme Court · 1912