Haines v. Goodlander

Citations

• 73 Kan. 183
• 84 P. 986
• 1906 Kan. LEXIS 227

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Evidence — Action on a Lost Note — Deceased Maker — Proof of Plaintiff’s Financial Condition. In an action upon a note for a large amount purporting to have been given by one since deceased, where the plaintiff claimed that the note was accidentally destroyed or lost but that it represented a bona fide loan of money by her to the deceased, and the claim for the defendant was that no note was in fact ever given ánd that the plaintiff’s claim was fictitious.and fraudulent, testimony that plaintiff was financially embarrassed about the time the note was claimed to have been given and was without the means to make tke loan was properly received; and held, further, that the testimony was sufficient to uphold the verdict in favor of defendant.</p> <p>2. - Opinion Testimony — Basis of a Judicial Finding. A witness who admits that he does not know the amount of certain checks should not be allowed to give his estimate, as a judicial finding cannot be based upon mere conjecture.</p> <p>3. - Complicated Accounts — Summary by a Competent Witness. Where book entries, vouchers or accounts are voluminous or complicated, the testimony of a competent witness who has made an examination and summary of them may ordinarily be received; but in the present case it does not ap-r pear that either the original or the summary offered was competent evidence.</p> <p>4. - Self-serving Declarations. To meef the testimony that the plaintiff was not financially able to make the loan in question she offered to show that at one time she had proposed to pay a large indebtedness to one of her creditors, but that payment was declined. Held, that this was a self-serving declaration, and it was properly excluded.</p> <p>5. Instructions — Comment upon the Evidence. While the trial court may not comment upon the weight of the evidence submitted to the jury; nor assume the existence or non-existence of controverted facts, it is not precluded from referring to parts or li