Higgins v. Lynch
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Final judgment reversed on the law, and new trial granted, with costs to abide the event. The plaintiffs and the defendant were all persons interested in the event, † All of them claimed the proceeds of the bank account through their deceased mother. The court allowed two of the plaintiffs to testify, over objection and exception, as to conversations had between them and their mother, in the presence of the defendant, on material points in the case. Plaintiff Sheedy was allowed so to testify at folios 117, 119 and 125. Having ruled that plaintiff Rocco was not disqualified as a witness, the…
2Cases cited2 opinions
- Griswold v. . HartNew York Court of Appeals · 1912
- Hines v. HinesAppellate Division of the Supreme Court of the State of New York · 1922