Ammon v. Martin

• Decision Date: 26 May 1894
• Citation: 26 S.W. 826
• Parties: AMMON v. MARTIN et al.
• Court: Arkansas Supreme Court

26 S.W. 826

AMMON v. MARTIN et al.

Supreme Court of Arkansas.

May 26, 1894.

Appeal from circuit court, Woodruff county; Grant Green, Jr., Judge.

Action by Bell Ammon against R. F. Martin and others. From a judgment for defendants, plaintiff appeals. Reversed.

This was a suit on a note executed by appellees to Mrs. Eliza Lynch. The appellant alleges that the note was indorsed by Eliza J. Lynch in blank, and was delivered to her during the lifetime of Eliza J. Lynch, and that she thereby became the owner of same. The appellees Martin and wife admitted the execution of the note, and say that the balance due thereon is $326.75. They also say that Robert C. Lynch, the administrator of the estate of Eliza J. Lynch, claims that the note is the property of the estate. They pray the court to adjudge the question of ownership between appellant and appellee R. C. Lynch, administrator, and let judgment go against them for balance due. R. C. Lynch was permitted to interplead as administrator of the estate of E. J. Lynch, and claims the note as the property of the estate. The issue on the interplea was submitted to the court, sitting as a jury, whose finding and judgment was for the interpleader in the sum of $361.53.

John C. Palmer, for appellant. N. W. Norton, for appellees.

WOOD, J. (after stating the facts).

It is conceded that the court declared the law correctly, and we are only asked to review the finding of the court as to the ownership. The testimony upon that point is as follows: Mrs. Turner, a witness, testified: "Robert C. Lynch is my brother. Mrs. Eliza J. Lynch was my mother, and I am perfectly familiar with her handwriting. I recognize the handwriting on the back of the Martin note to be my mother's handwriting, to the best of my knowledge and belief. My mother died on February 5, 1891. For some time previous to her death, both before and after Mrs. Ammon came out here, I heard my mother say she intended giving the Martin note to Mrs. Ammon. I advised my mother to write Mrs. Ammon a copy of the note, which she did, and I read it after she wrote it. I recognize Exhibit A as the copy of the note written by my mother, and which she sent Mrs. Ammon before she came out here. Mrs. Ammon came to Brinkley some time before my mother died. There was no one present when my mother died, except Mrs. Ammon and myself. My mother called Bell Ammon before she died, and offered her something which I think was the pocketbook, and Bell told her to give it to me, and she gave it to me. I gave the pocketbook to Mrs. Ammon, because I knew it was my mother's wish. Mrs. Ammon is now in San Jose, California. The Martin note was in the pocketbook, and there was some small change in another pocketbook. I think it was 3 or 4 o'clock when my mother died, and it was some time before dinner of the same day that I gave Mrs. Ammon the pocketbook with the Martin note in it. I gave the pocketbook to my son, James Turner, to hold, and he gave it back to me, and I gave it to Mrs. Ammon. Mrs. Ammon was here when my mother died, on her way to California. Mrs. Ammon had hardly gotten out of the door before my mother died. Mother made her home with me as much as she did with her other cildren." R. C. Lynch testified: "My mother died about three or four in the morning, and Mrs. Ammon told me afterwards that she did not get the note until the next day." Mrs. Vaughan testified: "I understood from Mrs. Ammon and Mrs. Turner that the pocketbook containing the note and some change was in my mother's possession just before she died." The memorandum on the copy of the note sent Mrs. Ammon is as follows: ...