2021 Colorado Code
Title 13 - Courts and Court Procedure
Article 90 - Witnesses
Part 1 - General Provisions
§ 13-90-104. Conversation of Deceased Partner

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.

History. 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. History. 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.

For the nature of the joint liability of the partnership, see §§ 7-60-111 and 7-60-115 .

Purpose is to protect surviving copartner. The purpose of this section is wise and wholesome, to the end that a surviving copartner may be protected from injury and wrong, which otherwise might easily be perpetrated. Watkins v. Adams, 53 Colo. 290 , 125 P. 122 (1912).

In an action against the survivors of a partnership the plaintiff is not a competent witness to testify to a contract made, or conversation had with the deceased partner, not in the presence of any of the survivors. Watkins v. Adams, 53 Colo. 290 , 125 P. 122 (1912).

Unless one of the surviving partners was present. This section clearly indicates, that where the suit is brought against any surviving partner or joint contractor, that the testimony relative to any admission or conversation by the deceased person or joint contractor shall not be admitted unless some one or more of the surviving partners or joint contractors were present at the time of the admission or conversation. Savard v. Herbert, 1 Colo. App. 445, 29 P. 461 (1892).