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26 Ky. 229

Coleman v. Allen

Court of Appeals of Kentucky

Decided January 11, 1830

Court of Appeals of Kentucky · decided 1830-01-11

<p>Rejection oí evidence, ® materia! fact error.</p>

Decided 1830-01-11

Chief Justice Robertson

¶1delivered the opinionof the Court.

¶2It was material in this case to ascertain whether the interest in the estate loaned, was payable in specie or p„p„.

¶3The testimony of Mrs. Coleman, might have (ended, in some degree, to aid the jury m determining that tact; and was, therefore, competent.

¶4íf the interest .of Mary Ann, might have been exacted from the executor,-in specie, still she may have agreed, and on a sufficient consideration, to accept commonwealths paper for it.

¶5The record does not shew, positively, when the dontraet of loan was made.

¶6And, therefore, in this latter respect, also, the rejected evidence might have some effect.

¶7■ Therefore, the judgment ijs reversed and the canse remanded, for a new (rial.

¶8Note. Judge Underivood did not si.t in (his case.

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