Cooper v. Simmons

Plaintiff executor sued for money had and received. He made out a prima facie case, showing that the defendant had in possession $300 alleged to belong to the estate of the plaintiff’s testate. Defendant’s defense, that the money wfas paid to him by the deceased by virtue of a contract between them, was based solely upon the testimony of defendant’s wife. The trial court ruled out her testimony upon the ground that it appeared that she was financially interested in the fruits of the alleged contract or was a party thereto. Thereupon the court directed a verdict for the plaintiff, and the…