Richerson v. Sternberg

Citations

• 65 Ill. 272

Syllabus

<p>1. Evidence—statements accompanying act as res gestee. In a suit upon a note by the administratrix of an estate, the defendant, in order to prove payment, called a witness to show that he had paid the witness a certain sum for the deceased on account of his indebtedness to the latter: Held, that what the defendant said to the. witness at the time of such payment was competent testimony for himself as part of the res gestee.</p> <p>2. Witness—competency of pmdy to testify in his own behalf as against one suing as administratrix. A defendant, when sued by an administratrix upon a note given to an intestate, called a witness to prove the payment by him of a debt from the intestate to the witness, and called out what he said at the time of the payment, which went to show that the payment was not made on account of the note sued on, but on account of another debt due from the defendant, and the plaintiff cross-examined upon this point: Held, that the defendant was not a competent witness to deny the language attributed to him by the other witness, the case not falling within the exceptions named in the second section of the act of 1867.</p> <p>3. The exception to the rule excluding a party from testifying, in the second section of the act of 1867, which provides that, when any witness shall, in behalf of any party, testify to any conversation or admission of the adverse party, etc., the latter may testify as to the same matter, has no application when such party’s own witness called by him testifies to his statement or admission; nor is the rule affected by the fact that such witness is recalled by the other party, and interrogated more fully as to the same point.</p>