McCray v. McCray
New York Supreme Court
Motion for new trial. This was an action to recover possession of a farm. On the first trial the offer of the defendant to prove an equitable defence was rejected, and the plaintiff had a verdict, which was afterwards set aside, and a new trial granted, costs to abide the event.
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Motion for new trial. This was an action to recover possession of a farm. On the first trial the offer of the defendant to prove an equitable defence was rejected, and the plaintiff had a verdict, which was afterwards set aside, and a new trial granted, costs to abide the event. (See report of the case, 30 Barb., 633.) On the second trial the plaintiff offered himself as a witness in his own behalf, and was objected to by the defendant, and the judge ruled he was competent for himself generally in the case; also, that he might testify to transactions had personally between James Gr. McCray,…
1Opinion of the Court
By the Court.*—Balcom, J.
—The most important questions in this case were determined when it was before the general term the first time. (See the case, 30 Barb., 633.) I shall therefore only examine the question in regard to the right of the plaintiff to testify as a witness in his own behalf. Was the plaintiff examined against a party who was the representative of a deceased person, in respect to any transaction had personally between the deceased person and himself? If he was, the judge erred in permitting such examination. (Code, §399.) The defendant was not an executrix or administratrix.…
2Cases cited2 opinions
- Waller v. HarrisNew York Supreme Court · 1838
- McCray v. McCrayNew York Supreme Court · 1860
3Cited by1 opinion
- Demarest v. VandenbergNew Jersey Court of Chancery · 1884