Goldsworthy v. Oliver

Citations

• 93 Wash. 67
• 160 P. 4

Syllabus

<p>Witnesses — Competency—“Transaction With Person Since Deceased.” In an action by executors for money collected by defendant for tbe deceased, tbe defendant’s identification of deceased’s signature to receipts for money paid by defendant is not within Rem. 1915 Code, § 1211, excluding the testimony of a party in interest in his own behalf as “to any transaction had by him” with the deceased.</p> <p>Same. In such a case, the testimony of the defendant as to the existence and loss of a receipt signed by the deceased which was not produced is inadmissible as being testimony of “a transaction had with the deceased,” under the statute.</p> <p>Evidence — Documentary Evidence — Books op Account — “Shop-Book” — “Transaction With Person Since Deceased.” An account book, kept by defendant, a business man, showing only sums paid by him to plaintiff’s decedent at various dates, apparently all entered at the same time, and not kept in the ordinary course of defendant’s business, is not a “shop-book,” and is inadmissible, as it appears on its face to be a self-serving declaration, and an attempt to evade the statute excluding testimony of transactions had with the deceased.</p>