O'Connor v. Ogdensburg Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Minnie O’Connor and another, as administrators, etc., of John O’Connor, deceased, from a final judgment of the Supreme Court in favor of the defendant Josephine .Cardinal, entered in the office of the clerk of the county of St. Lawrence on the 14th day of September, 1899, upon the report of a referee, dismissing the plaintiffs’ complaint.
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Appeal by the plaintiffs, Minnie O’Connor and another, as administrators, etc., of John O’Connor, deceased, from a final judgment of the Supreme Court in favor of the defendant Josephine .Cardinal, entered in the office of the clerk of the county of St. Lawrence on the 14th day of September, 1899, upon the report of a referee, dismissing the plaintiffs’ complaint. John O’Connor died in Ogdensburg, in this State, in the month of March, 1898. About twenty-five years prior- to his death he married the plaintiff Minnie O’Connor, by whom he had three children. Sometime after his marriage he and…
1Opinion of the Court
Herrick, J.:
The defendant Cardinal’s claim to the money in question rests upon -an alleged transaction between herself and the deceased, O’Comior; that transaction consisted in the giving of a bank book kept in a tin box.. In testifying that she had seen the bank book exhibited to her in such tin box, and that it was the only one in the box, she indirectly testified that that was the bank book given to her by the deceased. She could not- testify to that directly, and cannot be permitted’ to do so indirectly. (Grey v. Grey, 47 N. Y. 552.)
*74It was in .effect testimony concerning the alleged…
2Cases cited1 opinion
- Grey v. . GreyNew York Court of Appeals · 1872
3Cited by3 opinions
- Davis v. DavisNew York Supreme Court · 1907
- Parker v. ParsonsAppellate Division of the Supreme Court of the State of New York · 1903
- Parker v. ParsonsAppellate Division of the Supreme Court of the State of New York · 1903