Colorado § 13-90-104 - Conversation of deceased partner.
Full text of Colorado Colorado Revised Statutes § 13-90-104 — Conversation of deceased partner., with citation guidance and answers to common questions.
§ 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.
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.
ANNOTATION
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).
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 13-90-104
What does Colorado Revised Statutes § 13-90-104 cover?
Section 13-90-104 ("Conversation of deceased partner.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 13-90-104?
A common citation format is "Colorado Revised Statutes § 13-90-104" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 13-90-104 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.