Schaffner v. Reuter
New York Supreme Court
THIS was ah appeal from a judgment entered upon the report of a referee. The action was commenced to set aside a conveyance of certain premises owned by the defendant Henry Reuter, made by the said defendant to the defendant Henry Rechenbergh, and a conveyance of the same premises made by the said Rechenbergh and wife to the de~ fendant Maria B. Renter, the wife of Henry Reuter.
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THIS was ah appeal from a judgment entered upon the report of a referee. The action was commenced to set aside a conveyance of certain premises owned by the defendant Henry Reuter, made by the said defendant to the defendant Henry Rechenbergh, and a conveyance of the same premises made by the said Rechenbergh and wife to the de~ fendant Maria B. Renter, the wife of Henry Reuter. The complaint alleges the existence of the liability of the defendant Henry Reuter upon the claim sought to be enforced in this action, at the time of the execution of the conveyances above mentioned. That judgment…
1Opinion of the Court
By the Court,
Hogeboom, J.
I think it quite clear that ■ the wife was properly examined as a witness in this action. 1. She was examined as a witness in her ow;n behalf, where her husband was a co-defendant with her, and where their interests were not conflicting. 2. She was examined as to an agreement made with her husband, where they were contracting parties with each other, and might have been antagonistic parties in a suit between themselves. 3. She was not examined as to, nor required to disclose, any communication (in the proper sense of that term) made by her to her husband or her…
2Cases cited5 opinions
- Garlick v. StrongNew York Court of Chancery · 1831
- Marsh v. PotterNew York Supreme Court · 1860
- Partridge v. HavensNew York Court of Chancery · 1844
- Gage v. DauchyNew York Supreme Court · 1859
- Borst v. CoreyNew York Supreme Court · 1853
3Cited by10 opinions
- Bank v. AtkinsonWest Virginia Supreme Court · 1889
- Sedgwick v. TuckerIndiana Supreme Court · 1883
- Bihin v. BihinNew York Supreme Court · 1863
- Metler's Administrators v. MetlerNew Jersey Court of Chancery · 1867
- Briggs v. MitchellNew York Supreme Court · 1864
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