Nunnally v. Becker
Supreme Court of Arkansas
APPEAL frpm Lee Circuit Court. M. T. Sanders, Judge. Becker, as administrator of M. Kohn, deceased, appealed from a judgment of the Probate Court, allowing a claim against the estate of his intestate in favor of Nunnally. The claim was for money alleged to have been deposited with the deceased and converted by him to his own use.
Read the full summary
APPEAL frpm Lee Circuit Court. M. T. Sanders, Judge. Becker, as administrator of M. Kohn, deceased, appealed from a judgment of the Probate Court, allowing a claim against the estate of his intestate in favor of Nunnally. The claim was for money alleged to have been deposited with the deceased and converted by him to his own use. On the trial in the Circuit Court, Nunnally, after showing that he was postmaster at Marianna on the 8th day of February, 1886, and kept his office in the store-house of the deceased, testified as follows: “On the evening of that day, after business hours, as was my…
1Per curiam
Witnesses: Competency of parties:Transaction with intestate. The proffered testimony of the appellant to the effect that he had delivered to the defendant’s intestate a box of money to be deposited in his safe, was a “transaction” with the intestate, within the meaning of the proviso to sec. 2 of the schedule to the Constitution and inadmissible for that reason. The witness’ knowledge that the box was in the safe was not competent evidence because it was derived solely from the transaction between the parties.
The distinction contended for by the appellant’s counsel seems to be sustained by…
2Cases cited2 opinions
- United States v. ClarkSupreme Court of the United States · 1878
- Tisdale v. MaxwellSupreme Court of Alabama · 1877
3Cited by5 opinions
- Lindsey v. GoodmanSupreme Court of Oklahoma · 1916
- Wadleigh v. Parker Et Ux.Supreme Court of Oklahoma · 1912
- Vance v. WhittenSupreme Court of Oklahoma · 1915
- Wilson v. EdwardsSupreme Court of Arkansas · 1906
- Free v. MaxwellSupreme Court of Arkansas · 1919