Hensley, Admr. v. Reichart

Action by appellant, as administrator of the estate of Emma L. Rooker, deceased, to recover $1,800 alleged in the complaint to have been loaned to appellee by appellant's decedent in her lifetime. On the trial, a witness for plaintiff testified that appellee, in the presence of witness, received the $1,800 from decedent. The date fixed by the witness as the date when the money was received was the same as averred in the complaint. To rebut this testimony, appellee, defendant below, as a witness in his own behalf, was permitted, over appellant's objection, to testify that he did not receive…