Alexander v. . Dutcher
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department affirming a judgment in favor of plaintiff entered upon a verdict. (Reported below, 7 Hun, 439.) This action was brought by plaintiff as executrix of Andrew Alexander, deceased, upon a promissory note against defendant, Philip Butcher, Jr., as maker, and the other defendants as indorsers.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the third judicial department affirming a judgment in favor of plaintiff entered upon a verdict. (Reported below, 7 Hun, 439.) This action was brought by plaintiff as executrix of Andrew Alexander, deceased, upon a promissory note against defendant, Philip Butcher, Jr., as maker, and the other defendants as indorsers. Said defendant, Philip Butcher, Jr., answered separately, pleading usury and payment; the other defendants answered, jointly, setting up the same defenses. Said Philip Butcher was called as a witness, and the…
1Opinion of the CourtRapallo, J.
I can find no provision, excepting a case like the present, from the operation of section 399 of the Code. That section prohibits all parties to .actions from testifying to personal transactions with a deceased person against his executors, etc., and makes no distinction between cases where parties are called as witnesses on their own behalf, or in behalf of a co-defendant, or cases where they • are jointly or severally liable. It might have been reasonable to make such distinctions, but we have no authority thus to supplement the act, which is clear and positive in its terms.
The act of 1832…
2Cited by8 opinions
- In Re the Judicial Settlement of the Accounts of CallisterNew York Court of Appeals · 1897
- Lawrence's Adm'r. v. HydeWest Virginia Supreme Court · 1916
- Abelein v. PorterAppellate Division of the Supreme Court of the State of New York · 1899
- Bishop v. SeeAppellate Terms of the Supreme Court of New York · 2009
- Church v. HowardNew York Supreme Court · 1879
3 more not listed; retrieve them via the Exa API.