Card v. . Card
New York Court of Appeals
This was an action for specific performance of a paroi contract to convey land, alleged to have been made by one Job Card, deceased, in his lifetime, with the Plaintiff. The Defendants are the heirs-at-law, personal representatives, and judgment creditors of the deceased. The cause was tried before the Hon. D. Pratt, as Referee. On the trial, on the 25th day of April, 1860, the Plaintiff was offered as a witness generally in his own behalf, and was excluded.
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This was an action for specific performance of a paroi contract to convey land, alleged to have been made by one Job Card, deceased, in his lifetime, with the Plaintiff. The Defendants are the heirs-at-law, personal representatives, and judgment creditors of the deceased. The cause was tried before the Hon. D. Pratt, as Referee. On the trial, on the 25th day of April, 1860, the Plaintiff was offered as a witness generally in his own behalf, and was excluded. Several of the Defendants were sworn, and testified as witnesses for the defence, under the objection of the Plaintiff that they were…
1Opinion of the Court
In the present state of our legislation upon the subject, a party to a suit is competent to testify on his own behalf. He may not testify to transactions had personally by himself with the deceased person whose representatives are defending an action the cause whereof is alleged to arise out of the contract of the deceased with such plaintiff.
The plaintiff was, therefore, not a competent witness to prove directly a negotiation with the deceased, nor an agreement by the deceased to convey the land, nor to give any testimony to what happened in any mere transaction or interview with the…
2Cited by15 opinions
- In re Wilcox & Howe Co.Supreme Court of Connecticut · 1898
- McCarthy v. WoolstonAppellate Division of the Supreme Court of the State of New York · 1924
- Christofiel v. JohnsonCourt of Appeals of Tennessee · 1956
- Jones v. JonesCourt of Appeals of Kentucky · 1897
- Hatch v. PeugnetNew York Supreme Court · 1872
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