Wehrman v. Beech

Citations

• 18 Ohio C.C. Dec. 128
• 7 Ohio C.C. (n.s.) 367

Syllabus

<p>EVIDENCE — NEGOTIABLE INSTRUMENTS — EXECUTORS AND ADMINISTRATORS.</p> <p>Jelke, .Swing and Giffen, JJ.</p> <p>1. Revised Statutes 5242 (Lan. 8751) Applies to all Facts Occurring Prior to Death.</p> <p>The inhibition of Rev. Stat. 5242 (Lan. 8751) as to the introduction of testimony in suits against executors, administrators, etc., applies not only to transactions with the decedent, but also to facts which occurred before his death; testimony, therefore, as to transactions with the agent of such decedent is as inadmissible as though with the decedent himself.</p> <p>2. Presumption that Holder of Note Took same for Value before Maturitt.</p> <p>Under the provision of Rev. Stat. 3172q (Lan. 4942) as well as under the law merchant, it will be prima facie presumed in favor of the holder of a promissory note that he took it for value in the usual course of trade' before maturity.</p> <p>[Syllabus approved by the court.]</p>