Robinson v. Dugan

Citations

• 4 Cal. Unrep. 472
• 35 P. 902
• 1894 Cal. LEXIS 1186

Syllabus

<p>Estate of Decedent.—In an Action Against the Estate of decedent, a brother of plaintiff, there was in evidence a paper in the handwriting of decedent, headed “S. B. [plaintiff] in Acet. with W. B., [decedent,] Or.,” reciting by cash a certain amount and by certain articles certain other amounts. A witness testified that he saw decedent hand plaintiff a paper like that in evidence, plaintiff having just before asked decedent what plaintiff had to show that decedent owed him. A witness testified that, on several occasions before and after decedent’s death, plaintiff said that decedent did not owe anything. Held, that a finding that decedent was not, at the time of his death, indebted to plaintiff was justified by the evidence.</p> <p>Estate of Decedent—Action Against on Claim.—There was no error in refusing to allow plaintiff to state that the paper introduced by him was in his possession at decedent’s death, he having already-been permitted to testify that the paper had been in his possession ever since decedent’s death, which was, in effect, the same thing.</p> <p>Estate of Decedent—Action on Claim—Witness.—Under Code of Civil Procedure, section 1880, subdivision 3, forbidding a party to an action on a claim against a decedent’s estate to testify to facts occurring before decedent’s death, plaintiff cannot testify that a paper showing a debt from decedent to him was unpaid at decedent’s death.</p> <p>Estate of Decedent—Action on Claim.—A Witness who had stated that plaintiff on several occasions said that decedent owed no debts was properly allowed to state that in those conversations plaintiff made no exception in favor of himself.</p>