Legal Opinion

In re Gates

Appellate Division of the Supreme Court of the State of New York

Decided July 15, 1915PublishedCited by 4 opinions

This is an appeal by the alleged incompetent from an order of the Supreme Court, made at Special Term and entered in Columbia county clerk’s office November 25, 1914, affirming the findings of an inquisition de lunático inquirendo, and from other orders made in the matter, two entered on the 27th day of November, 1914, and one on the 19th day of December, 1914.

1Per curiam

It was error to permit the defendant’s personal physician to testify as to the competency of his patient. Clearly it was indelicate for a physician in attendance upon a patient to permit himself to be hired by another and go and make an examination of the patient for the pur. pose of testifying against him. In our judgment it wa s not only indelicate, but in violation of the privilege given to the patient under section 834 of the Code of Civil Procedure. It was also error to permit a physician, in forming his opinion as to the competency of the appellant, to base it in part upon his…

2Cited by4 opinions

  1. Matter of FarrowCourt of Appeals of North Carolina · 1979
  2. Schulman v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1974
  3. In re AllenNew York Supreme Court · 1960
  4. In re the Guardianship of GoldfarbNew York Supreme Court · 1994

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