WITNESSES - "DEAD MAN'S. ACT" - DISCRETION OF COURT

In an action against an executor to recover money alleged loaned to decedent, plaintiff introduced testimony of a third party regarding a conversation between plaintiff and decedent in which decedent said, "I owe you five hundred and twenty dollars and you will get every cent of it." Plaintiff then testified, over objection, as to the circumstances and terms of the alleged loan. The transaction was oral, and there was no other evidence relating to the circumstances or terms of the loan. From a judgment for plaintiff, defendant appealed, assigning as error the overruling of his objection to plaintiff's competency as a witness under the Montana "dead man's act." Held, affirmed. The Montana statute permits the court, in its discretion, to admit such testimony, and in this case sufficient foundation was laid to make the admission of the testimony proper.

Ahlquist v. Pinski, (Mont. 1947) 185 P. (2d) 499·