Griswold v. Hart
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Eliza E. Griswold and another, as administrators, etc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Chemung on the 20th, day of November, 1909, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 17tli day of November, 1909, denying the plaintiffs’ motion for a new trial made upon the minutes. .
1Concurrence
Houghton J. (concurring):
Irrespective of the merits of this action I think the judgment must be reversed because of error in permitting the then defendant Fred C._ Hart to testify to what took place "between the plaintiff’s intestate and his daughter at the timé of the' alleged gift of the moneys in question.
The defendant’s wife Helen was the only child of Oscar F. Bidgeway, the plaintiff’s intestate, who shortly before his daughter’s death, which occurred shortly before his own, held certain certificates of deposit and a bank book which the defendant Hart claimed to own and which this action…
2Cases cited13 opinions
- Holcomb v. . HolcombNew York Court of Appeals · 1884
- Cary v. . WhiteNew York Court of Appeals · 1874
- In Re the Probate of the Last Will & Testament of EysamanNew York Court of Appeals · 1889
- Hutton v. . SmithNew York Court of Appeals · 1903
- In Re the Probate of the Last Will & Testament of DunhamNew York Court of Appeals · 1890
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