Fitzpatrick v. Tucker
Fitzpatrick v. Tucker
Opinion of the Court
The opinion of the court was delivered by
Charles H. Tucker, as administrator of the estate of Harry M. Barber, sued Jane Fitzpatrick for the recovery of $1800 alleged to have been borrowed by the defendant from plaintiff’s decedent, her son-in-law. From a judgment for plaintiff defendant prosecutes error. The answer was a general denial. In the course of her testimony the defendant admitted having received from Barber, in his lifetime, the amount of money named, but claimed that the transaction was not a loan, but the payment by Barber of a debt that he owed to her, and upon the issue thus made the entire controversy was waged. The errors assigned relate to the admission of testimony and to the giving and refusing of instructions.
Objections are also made to the admission of evidence relating to transactions between Barber and a bank with which he had dealings, to the latitude permitted in the cross-examination of one of defendant’s witnesses, and to the allowance of testimony in rebuttal of a part of his evidence, claimed to have been upon collateral matters. The transaction under investigation was necessarily involved to some extent with other business matters, and it does not appear that there was any abuse of discretion in not more closely limiting the scope of the inquiry, although
A final objection is based upon the refusal of the court to instruct upon the theory that Barber might have paid the money to defendant in satisfaction of a debt owing to the estate of her deceased husband. While the pleadings would have permitted such an issue, the defendant by her own testimony as to the character of the transaction had eliminated it, and it was not error to conform the instructions to this situation.
' The judgment is affirmed.
Reference
- Full Case Name
- Jane Fitzpatrick v. Charles H. Tucker, as Administrator, etc.
- Status
- Published
- Syllabus
- SYLLABUS BY THE COURT. Evidence — Hearsay Testimony. Where the testimony of a witness regarding a conversation had with a party is otherwise competent as tending to show material admissions, it is not rendered incompetent by the fact that in reproducing his own language he is incidentally required to repeat statements which he then made as to what other persons had told him.