McAllister v. Chambers

Citations

• 71 Wash. 521
• 129 P. 85
• 1913 Wash. LEXIS 1357

Syllabus

<p>Executors and Administrators — Action Against Executors— Note or Deceased — Payment—Evidence — Admissibility. In an action upon a note drawing 10 per cent interest, executed by tbe defendant’s decedent in his lifetime, it is error to exclude evidence offered by the defense that the deceased was financially able to pay the note, and was loaning money at from 6 to 8 per cent interest, and prior to his death assembled his children and divided his property among them, one of them being the wife of the plaintiff, and that entries in a book kept by the deceased at the time of the alleged payments of interest indicated that the payments were on the principal; especially where, at the time the note became due, six years’ interest was paid in advance and no payment was made thereafter for sixteen years, when ten years’ interest was paid, equaling the face of the note.</p>