In any action, suit, or proceeding by or against any surviving partner or joint contractor, no adverse party or person adversely interested in the event thereof is a competent witness to testify, by virtue of section 13-90-101, to any admission or conversation by any deceased partner or joint contractor, unless one or more of the surviving partners or joint contractors were also present at the time of such admission or conversation.
Source: L. 1870: p. 64, § 4. G.L. § 2954. G.S. § 3643. R.S. 08: § 7269. C.L. § 6558. CSA: C. 177, § 4. CRS 53: § 153-1-4. C.R.S. 1963: § 154-1-4.
Cross references: For the nature of the joint liability of the partnership, see §§ 7-60-111 and 7-60-115.
Structure Colorado Code
Title 13 - Courts and Court Procedure
§ 13-90-101. Who May Testify - Interest
§ 13-90-104. Conversation of Deceased Partner
§ 13-90-105. Incompetent Not Restored by Release
§ 13-90-106. Who May Not Testify
§ 13-90-107. Who May Not Testify Without Consent - Definitions
§ 13-90-108. Offer Taken as Consent
§ 13-90-110. Religious Opinions of Witness
§ 13-90-112. Power to Enforce Subpoena Duces Tecum
§ 13-90-113. Interpreters - Compensation
§ 13-90-115. Service of Subpoena
§ 13-90-116. Examination of Party to Record by Adverse Party
§ 13-90-117. Affirmation - Form - Perjury