The Michigan Lawyer Volume 2

The Michigan Lawyer Volume 2

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1877 edition. Excerpt: ...D. C. Holbrook, for plaintiffs in error. J. L. Chipman and G. H. Prentis, for defendant in error. Marston, J.: Conrad Schratz presented a claim against the estate of the deceased. The decedent resided and died in Germany, and owned a lot in Detroit. The claimant had a power of attorney, authorizing him to take charge of and manage said lot. Among the items in the claimant's bill were two charges, for a tombstone $104, and for a fence $50, which were not authorized by the power of, attorney. As to these items he testified he had no personal communication with deceased, but had written him several letters, and received replies thereto from him; that these letters fully informed deceased of these expenditures, and the replies showed that deceased fully understood what was being done; that no copies of the letters sent were kept, and those received were lost or destroyed. Counsel for the estate moved to strike out.the evidence as to the contents of said letters, etc. Held, That the statute, as amended (Sess. L. 1875, p. 184), clearly covers this case, and that the evidence should have been excluded as equally within the knowledge of the deceased; that the letters themselves would have been admissible, but that their loss or destruction would not permit the claimant against the prohibition of the statute to testify as to their contents. It is insisted that the claimant on direct examination did not disclose the fact that deceased knew about what was being done, but that all such evidence was drawn out on cross-examination, and that counsel could not, after having thus drawn it out, then move to exclude it. Held, That counsel clearly had a right to ascertain upon crossexamination the authority under which the claimant assumed to have acted, and to more

Product details

  • Paperback | 198 pages
  • 189 x 246 x 11mm | 363g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236588525
  • 9781236588524