Connelly v. . O'Connor
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme 'Court in the fifth judicial department, entered upon an order made at the June Term, 1888, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. This action was originally brought by plaintiff against John O’Connor, defendant’s intestate, to recover for the care and support of an illegitimate child under an alleged contract with him.
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Appeal from judgment of the General Term of the Supreme 'Court in the fifth judicial department, entered upon an order made at the June Term, 1888, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. This action was originally brought by plaintiff against John O’Connor, defendant’s intestate, to recover for the care and support of an illegitimate child under an alleged contract with him. Upon the death of O’Connor his administratrix was substituted as defendant. Upon the trial plaintiff called her sister, the mother of the child, as a witness, to establish…
1Per curiam
The witness Lucy Hooney was not a party
or privy to the action. She was, therefore, a competent witness to prove the alleged contract between the plaintiff and the defendant’s intestate unless she was' interested in the event,, even assuming that her testimony involved a personal transaction between herself and the intestate. (Code, § 829.)
We think she was not interested in the event of the action within that section. In construing that section it has been held that the test of interest, where the witness is not a party, is that the witness “ will either gain or lose by the direct legal…
2Cases cited1 opinion
- Hopkins v. . WolleyNew York Court of Appeals · 1880
3Cited by19 opinions
- Rosseau v. . RoussNew York Court of Appeals · 1904
- Hirsh v. . AuerNew York Court of Appeals · 1895
- Adams v. Board of Trustees of Internal Improvement FundSupreme Court of Florida · 1896
- Franklin v. . KiddNew York Court of Appeals · 1916
- In re BerardiniAppellate Division of the Supreme Court of the State of New York · 1933
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