Bertenshaw v. Laney

Citations

• 77 Kan. 497
• 94 P. 805
• 1908 Kan. LEXIS 294

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Evidence — Cross-examination. Where the answers to certain questions on the direct examination of a witness in a deposition are inadmissible, and are excluded, the cross-examination upon the subject-matter so excluded is equally inadmissible.</p> <p>2. —:- Secondary — Contents of a Written Instrument. Where competent testimony is given to show that the defendant has the possession of a written instrument, the subject of the action, and the defendant testifies that he does not have, and never did have, the possession of such instrument, and that it never existed, oral evidence of the contents of such instrument is admissible.</p> <p>3. -Notice to Produce the Instrument. A notice to the defendant to produce the instrument the existence of which he thus denied would have been vain and ineffectual, and was therefore unnecessary.</p> <p>4. Partnership — Evidence—Oral Admissions — Alleged Written Agreement. In an action for an accounting against an alleged partner, where the fact of partnership was in issue, testimony of the oral admissions by the defendant of the existence and general nature of a partnership between the parties was proper evidence for the jury to consider, although it was alleged in the petition that the partnership agreement was in writing.</p>