Nearpass v. . Gilman
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 10, 1878, which affirmed a judgment in favor of defendant, entered upon the report of a referee. (Reported below, 16 Hnn, 121.) The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 10, 1878, which affirmed a judgment in favor of defendant, entered upon the report of a referee. (Reported below, 16 Hnn, 121.) The nature of the action and the material facts are stated in the opinion. The entire testimony of Alfred Gilman, given upon the trial of this cause as to personal transactions and communication with plaintiifs’ intestate was incompetent and inadmissible, he being the general agent of the defendant and having transacted all the business…
1Opinion of the CourtFinch, J.
Two questions of evidence are presented by this appeal. The action was brought to recover the amount claimed to be due upon two checks and two notes claimed to have been executed by the defendant through his general ascent, Arthur Gilman. The latter was called as a witness on behalf of the defendant to prove payment, and his evidence, which involved personal transactions and communications with the plaintiffs’ intestate, was objected to for that reason, but admitted under an exception by the defendant. The witness was not a party to the action, and his testimony prohibited by section 829 of…
2Cases cited2 opinions
- Hobart v. . HobartNew York Court of Appeals · 1875
- Miller v. . MontgomeryNew York Court of Appeals · 1879
3Cited by22 opinions
- Stiles v. BreedSupreme Court of Iowa · 1911
- Herrmann v. JorgensonNew York Court of Appeals · 1934
- Courtland v. Walston & Co., Inc.District Court, S.D. New York · 1972
- Laka v. KrystekNew York Court of Appeals · 1933
- Whitman v. . FoleyNew York Court of Appeals · 1891
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