Eckert v. Eckert
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff,'George H. Eckert, for a' new. trial upon a case containing exceptions, ordered to be heard at the General.
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Motion by the plaintiff,'George H. Eckert, for a' new. trial upon a case containing exceptions, ordered to be heard at the General. Term in the first instance upon the verdict of a jury ih favor of the defendant John S. Eckert rendered after a trial" at the Cayuga Circuit on the 9th day of May, 1895. This action is brought to partition certain premises, consisting of a farm situate in the town of Throop, in the county of Cayuga, the title to which was held jointly by Solomon P. Eckert and Eliza,'his wife, who were the grandparents of the plaintiff, and the parents of the defendant John S'.…
1Opinion of the Court
Adams, J.:
The sole question presented for our consideration upon this motion relates to the competency of the evidence of the defendant’s wife, Anna L. Eckert, who was called as a witness in behalf of her husband, and was permitted, to testify to a conversation which she claims to have overheard between her husband and his parents some twenty years prior to the trial, and which, if true, tended very strongly to support the contract upon which the defendant rests his claim of title.
This witness, upon being asked to relate the conversation, was, before being permitted to do so, subjected to a…
2Cases cited4 opinions
- O'Brien v. . WeilerNew York Court of Appeals · 1893
- In Re the Probate of the Last Will & Testament of DunhamNew York Court of Appeals · 1890
- Erwin v. ErwinNew York Supreme Court · 1889
- Hoffman v. HoffmanNew York Supreme Court · 1892
3Cited by4 opinions
- Roche v. NasonAppellate Division of the Supreme Court of the State of New York · 1905
- Gambee v. GambeeAppellate Division of the Supreme Court of the State of New York · 1897
- Roche v. NasonAppellate Division of the Supreme Court of the State of New York · 1905
- Smith v. SmithAppellate Division of the Supreme Court of the State of New York · 1904