Joab L. Clift, as Survivor v. Lucius Moses, Appellants

Summary

The Court affirmed the judgment for the plaintiff, holding that the plaintiff failed to adequately explain the non‑production of the promissory notes, that section 829 of the Code of Civil Procedure bars the defendant's testimony concerning a personal transaction with the deceased, and that the alleged transfer of the notes was beyond the surviving partner's authority and therefore did not constitute payment of the partnership debt.