Clarke v. Smith
New York Supreme Court
MOTION to set aside the report of a referee appointed on the reference of a claim made by the plaintiff, for professional services as a physician, against the estate of Catharine McGuire, deceased, the defendant's testatrix.
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MOTION to set aside the report of a referee appointed on the reference of a claim made by the plaintiff, for professional services as a physician, against the estate of Catharine McGuire, deceased, the defendant's testatrix. On the trial the plaintiff was examined as a witness in his own behalf, and testified that he attended the deceased ;■ that in 1862 and 1863 he attended the deceased as her physician, at her request; that he made one hundred and twenty-three visits, in all, at $2 a visit; that he kept books in which he entered all his visits in those years ; that' those books were his…
1Opinion of the Court
By the Court, Ingraham, J.
■ The referee erred in admitting the plaintiff as a witness to testify to what passed between him and the deceased, or to testify that certain conversations did not pass between the plaintiff and the deceased. The Code, section 399, prohibits the examination of a party in respect to any transaction or communication had by the party personally with a deceased person. The plaintiff was called to testify as to what took place between him and the deceased in regard to what she had said as to his claims against her, and as to her having his bill and pay-. ing him money.…
2Cited by5 opinions
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