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· 11/5/1910

Bryan v. Palmer

Citations

  • 83 Kan. 298
  • 111 P. 443
  • 1910 Kan. LEXIS 525

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Evidence — Transactions Had with Persons Since Deceased. In an action by an administrator to recover money loaned to the defendant by the decedent in his lifetime the defendant tes- • tilled that money for the payment of the debt was inclosed in an envelope and taken to the post office and that certain steps were there taken to have the postmaster register the letter and send it to the decedent in a distant state, and also that in due time he received a writing acknowledging the receipt of the money, and this was identified and introduced ■ in evidence. Held, that the admission of. the testimony did not violate the limitation prescribed in section 320 of the code of 1909, which prohibits a party in a case like this from testifying to a communication or transaction had personally with the decedent.</p>

Judges: Johnston

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