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· 9/15/1871

Marshall v. Karl

Citations

  • 60 Ill. 208

Syllabus

<p>Witness — competency of, under act of 1867. In an action on a promissory-note, where the plaintiff sued an administrator of a deceased person, a question arising as to what constituted the consideration of the note, a person who acted as agent of the deceased in the transactions out of which tlie consideration arose, was allowed to testify as to his understanding of what the consideration was: 1Held, that one of the defendants'who was a surety on the note, and was present during such transactions, and who testified lie knew what was the consideration of the note, was a competent witness, under the second clause of section 2 of the act of 1867, to testify to the same point.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating that a devise of property that does not belong to a testator is admissible as bearing on the question of testamentary capacity
  • each holding that parent and child, guardian and ward, principal and agent, are equally fiduciary relations, and equally require the application of the doctrine
  • each holding that parent and child, guardian and ward, principal and agent, are equally fiduciary relations, and equally require the application of the doctrine

Source: CourtListener parenthetical corpus (CC0).

Judges: Breese

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.