Southwick v. . Southwick
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Dew York, affirming a judgment in favor of defendant entered upon the report of a referee. The action was brought by plaintiff against her husband to recover an alleged balance of moneys in his hands belonging to her separate estate and received by him as her agent. The defence was payment.
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Appeal from judgment of the General Term of the Superior Court of the city of Dew York, affirming a judgment in favor of defendant entered upon the report of a referee. The action was brought by plaintiff against her husband to recover an alleged balance of moneys in his hands belonging to her separate estate and received by him as her agent. The defence was payment. Upon the trial defendant offered himself as a witness in his own behalf, and plaintiff’s counsel objected that he was incompetent. Objection overruled, and he was sworn and examined. After proving the payment of certain bills for…
1Opinion of the CourtFolger, J.
1st. The first question made in this case is, whether the defendant was properly admitted as a witness in his own behalf and against the plaintiff, his wife.
It is claimed that the provisions of the act of 1861 (2d Laws of 1861, p. 2221), do not enable the defendant to become a witness against his wife in an action in which they are the only and antagonistic parties.
I have reached the opposite conclusion. It must be conceded that the object of the enactment was to alter the common-law-rule which forbade the hus'band or wife being a witness for or against the other. Its object was to make avail…
2Cases cited3 opinions
- Burch v. . NewburyNew York Court of Appeals · 1852
- Neass v. MercerNew York Supreme Court · 1853
- Wehrkamp v. WillettNew York Court of Appeals · 1864
3Cited by49 opinions
- Wolfle v. United StatesSupreme Court of the United States · 1934
- Simonson v. International BankNew York Court of Appeals · 1964
- Prink v. Rockefeller Center, Inc.New York Court of Appeals · 1979
- In Re the Appraisal Under the Taxable Transfer Act of the Estate of DavisNew York Court of Appeals · 1896
- Lazarus v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1895
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