136 P. 335 | Or. | 1913
delivered the opinion of the court.
At the trial the plaintiff, Maggie S. Sullivan, testified to some statements made to her by her husband while he lived, in the absence of defendant. It was urged in the argument that the administratrix was not a proper party to this suit, and that the complaint did not state facts sufficient to constitute a cause of suit in her favor against the defendant, and hence that she did not come within the proviso attached to Sec
It was shown that the decedent was in the habit of investing in real estate and taking title in the name of other persons, the reason assigned being that he was superintendent of a railroad, and he thought objection might be made by the officers of the company if he speculated in realty along the line of the road. As to the propriety of admitting testimony of such transactions between the decedent and parties other than the defendant we make no intimation. The defendant admits that in some cases he took title for the decedent, investing no money of his own. He avows this, but says that in other instances they invested equal amounts of money, and were, in fact, partners in property of the latter class, although the title stood in the name of the defendant. The plaintiff, administratrix, testified at the trial, and when asked what her husband said as to the ownership of the property, she answered: “He said that he had Griff King work for him; that he could do things that he could not get anybody else to do, and in some instances he would give him a half interest.” Again, she says: “We were talking of moving out of the house we were living in. My husband wanted to move to the Ellsworth street house, and I told him that I would not move there as long as Griff King had an interest in it.” She was also asked this question: “You may
The case turns upon the alleged settlement of the partnership affairs concerning these tracts. The defendant testified that he had loaned the decedent three items of cash, as follows: December 15, 1901, $300, April 10, 1902, $800 and October 21, 1905, $200. He is corroborated by two witnesses as to the $800 item. The witness Horton was visiting at the store of the defendant at Kingston when the decedent came in and asked for the loan of money. The defendant, according to this witness, produced quite a sum in bank notes and currency and delivered it to the decedent. The witness said to them that he would not part with so much money without taking security, but the decedent said it was all right; that he and the defendant were partners. In a day or two thereafter, they purchased one of the tracts involved, and in the presence of disinterested witnesses the decedent paid $800 in currency as his part of the purchase price, and the
Beversed.