William Strong

Name: Willett v. Fister — Opinion of the Court
Author: William Strong

Willett v. Fister — Opinion of the Court

Summary

“Willett v. Fister — Opinion of the Court”, is a work by William Strong. It explores elements such as complainant, receipt and Willett.

Quotes from Willett v. Fister — Opinion of the Court (William Strong)

William Strong, Willett v. Fister — Opinion of the Court

“ It is incredible that he would have given notes for $2000 under such circumstances, for the payment must then have been fresh in his recollection. In addition to this we have the habit of business between the parties during the years 1864 and 1865, exhibited at large in the defendants' books and in the complainant's pass-book. If $1500 were paid in any month in addition to the sums credited, it would have been entirely outside of the usual course of business. It must have made an impression upon the complainant's memory when he gave the notes and confessed the judgment. ”

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Source: Wikisource

William Strong, Willett v. Fister — Opinion of the Court

“ As the receipt itself is the only receipt which appears ever to have been given, except one for $800, dated October 20th, 1863, signed W. E. Clark, and as it states that the complainant had not his pass-book along when the payment was made, it would seem to be a reasonable presumption that it refers to the payment made on the 30th of October, and which was afterwards, on the 21st of November, credited in the pass-book. If so, there was plainly no mistake in the notes and none in the judgment. Then certainly the complainant received every credit which was his due. ”

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Source: Wikisource

William Strong, Willett v. Fister — Opinion of the Court

“ If she is correct in that, then the payment made in October was a different payment from that acknowledged in the receipt. But we are satisfied that her memory in regard to the time when she first saw the paper is at fault. There is nothing in regard to which a witness is more likely to be mistaken than in fixing the date at which a transaction long past took place. She was examined as a witness in 1871, nearly six years after the time when she says she found the receipt in her husband's pocket. ”

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Source: Wikisource

William Strong, Willett v. Fister — Opinion of the Court

“ He (her husband) put the $600 into his side pocket, and the other bundle of $900 into his pantaloons pocket.' Such a minute recollection of a six-year-old transaction is almost too remarkable to be credited. But it is still more remarkable that neither the husband nor the wife discovered that they had no credit for so large a payment. ”

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Source: Wikisource

William Strong, Willett v. Fister — Opinion of the Court

“ He takes a receipt without day or date. Now, we will remember this.' Rather inconsistent this is with the testimony of the mother, who declares that she thought the paper of no importance. It may be these witnesses have persuaded themselves they saw the receipt in April, 1865. They have often talked the matter over with each other. But there are many improbabilities in their statements. Mrs. Fister says she was in fact her husband's banker. She chiefly made the payments. She even goes so far as to say that she sent to the defendants, in January or February, 1865, $1500. ”

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Source: Wikisource

William Strong, Willett v. Fister — Opinion of the Court

“ The case being at issue, Adeline Fister, wife of the complainant, was examined; this examination being on the 5th of February, 1871; and the defendants objecting to her testimony as not competent under the acts of Congress, in virtue of which it was offered. Mrs. Fister said:
'I attended to the principal part of my husband's business in market; received and paid out the money for him; I was in fact the banker of my husband. I got the receipt in April, 1865 ”

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Source: Wikisource

William Strong, Willett v. Fister — Opinion of the Court

“ I did not call my husband's attention to it when he went to make the settlement with Willett, for I did not know of a settlement till he came back; I did not call his attention to it when he came back; I found it in 1865; Mr. Willett died in 1869; I cannot say for what that receipt was given; it might have been given for the $1500, or it might not, that I sent my husband with; I can only swear as to the time I got the receipt.' 'I had often sent Mr. Willett a roll of money of $1500 or $2000 at a time ”

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Source: Wikisource

William Strong, Willett v. Fister — Opinion of the Court

“ She did not think it was of any account, and there was no circumstance associated with her finding it that could have tended to impress the time upon her memory. She says she knows it was in April, 1865, because she was cleaning shad and wanted change; but she may as well have been cleaning shad in 1866 as in 1865. ”

William Strong

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