Smith v. Haran

Because I would hold, on remand, the Harans should not be permitted to testify directly that decedent never gave them money in exchange for the promissory note, I respectfully dissent from that part of the majority’s opinion which holds to the contrary. There are other methods available to defendants to prove their case, if such they have, without standing the Dead-Man’s Act (Act) on its head, as the majority’s disposition accomplishes.

Both Hartman and Rerack, discussed in the majority opinion, are entirely distinguishable from the instant facts. The "negative” testimony or "nonevent” in…