Wells' Adm'r v. Ayers

Citations

• 84 Va. 341
• 5 S.E. 21
• 1888 Va. LEXIS 86

Syllabus

<p>1. Evidence-Boohs-Payments.-Book containing entries in defendant’s handwriting, of payments by him to payee in her lifetime, on note in action, is not admissible as evidence in defendant’s favor.</p> <p>2. Witnesses-Competency.-Payee being dead, maker is not competent to testify in his own favor in action on the note, no person having an interest adverse to maker’s having previously testified to some fact occurring before payee’s death. Acts 1876-7, ch. 256, p. 265.</p> <p>•3. Evidence-Proof of payment-Presumption-Case at bar.-Decedent had held two notes--one made by all the defendants-the other by one of them, A. Former note was in suit. The latter was in hands of A. There was proof of a payment to decedent by A, partly in money, and partly by his individual check. No such payment was credited on note in suit. The other was not produced:</p> <p>Held :</p> <p>Payment was presumably on A’s note.</p> <p>4. Idem-Claim of gift-Proof.-Evidence here does not support A’s pretension that the payment was made on tbe joint note and that his individual note was delivered up to him as a gift by payee during his lifetime.</p>