7 La. 111 | La. | 1844
The curator is appellant from a judgment by which the petitioner has recovered the sum of $1500, with interest, which she alleges was delivered by her to the deceased to keep. The general issue was pleaded, and the bailment of the money was proved bj7 one witness. The counsel for the defence urges, that none of the other witnesses, from whose testimony corroborating circumstances are attempted to be drawn, state anything that relates to the amount of the bailment, and that the Court of Probates erred in admitting the testimony of the only witness who states the specific sum, and in overruling the exceptions thereto, grounded on the allegation that the demand was founded on a written contract. It does not appear to us that the court erred. The petition does not state any written contract, although it suggests, that the deceased, having been very careful in keeping his accounts, evidence of her demand will be found on his books, or among his papers. This circumstance did not compel her to admit the books and papers of the deceased in evidence; nor can it enable her to resist the admission of testimony against her demand, which is not grounded on any writing.
The Civil Code, art. 2257, requires, that all contracts for the payment of money above $500, shall be proven by at least one credible witness, and other corroborating circumstances. We have here the testimony of one witness, whose credibility is not
In that now under consideration, the most important point is, the specific sum which the deceased had in his hands, belonging to Remy at the time of the conversation related by the witness. On'this point, the testimony of the latter derives no support from any corroborating circumstance resulting from the depositions of the three other witnesses introduced by the petitioner. With this view of the case, it becomes our duty to remand it for further evidence, in regard to the amount of the demand.
This renders it necessary to examine a bill of exceptions taken by her counsel, to the admission of Marie Postille’s and Pierre Giraud’s testimony, as far as it relates to conversations between
It is, therefore, ordered and decreed, that the judgment be annulled and reversed, and the case remanded for a new trial, the petitioner paying the costs of the appeal.