Parker v. Parsons
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Archelaus H. Parsons, from a judgment of the Supreme Court in favor of the plaintiff, entered in.the office of the clerk of the county of Jefferson on the 10th day of October, 1901, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 9tli day of October, 1901, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, Archelaus H. Parsons, from a judgment of the Supreme Court in favor of the plaintiff, entered in.the office of the clerk of the county of Jefferson on the 10th day of October, 1901, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 9tli day of October, 1901, denying the defendant’s motion for a new trial made upon the minutes. The plaintiff’s intestate, Erastus Parsons, died in May, 1899, aged about ninety years, leaving a daughter, Mrs. Phoebe Tuell, and a son, the defendant, Archelaus H. Parsons. Nine years prior to his death…
1Opinion of the Court
Adams, P. J.:
■ There is a class of cases, of which the one now under consideration is a fair-type, in which it is often difficult to determine what, is and what is not such a personal transaction or communication, with a deceased person as is within the contemplation of the provisions of section 829 " of the Code óf Civil Procedure.
- -In the present instance it cannot, of course, be claimed that the *313placing of the deed in his father’s box by the defendant was literally a transaction or a communication between the father and son, but whether it was within' the inhibitory spirit of the section…
2Cases cited5 opinions
- Clift v. . MosesNew York Court of Appeals · 1889
- Lerche v. . BrasherNew York Court of Appeals · 1887
- Richardson v. . EmmettNew York Court of Appeals · 1902
- Gregory v. FichtnerNew York Court of Common Pleas · 1891
- O'Connor v. Ogdensburg BankAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by2 opinions
- In re the Judicial Settlement of the Account of EnneverNew York Surrogate's Court · 1921
- Rider v. StateCourt of Appeals of Georgia · 1970