From Casetext: Smarter Legal Research

Kraushaar v. Meyer

Court of Appeals of the State of New York
Jan 29, 1878
72 N.Y. 602 (N.Y. 1878)

Summary

In Kraushaar v. Meyer (72 N.Y. 602) it was held, all concurring, that a witness who participated in a conversation between deceased and a third person relating to a transaction between the witness and deceased is prohibited by section 399 from testifying to the conversation, although he is not incompetent under that section to testify to an independent conversation between deceased and the third person in which he did not participate.

Summary of this case from Hutton v. Smith

Opinion

Argued January 17, 1878

Decided January 29, 1878

Frank Crooke for appellant.

Wm. D. Veeder for respondents.


EARL, J., reads for affirmance.

All concur.

Judgment affirmed.


Summaries of

Kraushaar v. Meyer

Court of Appeals of the State of New York
Jan 29, 1878
72 N.Y. 602 (N.Y. 1878)

In Kraushaar v. Meyer (72 N.Y. 602) it was held, all concurring, that a witness who participated in a conversation between deceased and a third person relating to a transaction between the witness and deceased is prohibited by section 399 from testifying to the conversation, although he is not incompetent under that section to testify to an independent conversation between deceased and the third person in which he did not participate.

Summary of this case from Hutton v. Smith
Case details for

Kraushaar v. Meyer

Case Details

Full title:PHILIP KRAUSHAAR, et al., Executors, etc., Respondents, v . HENRY L…

Court:Court of Appeals of the State of New York

Date published: Jan 29, 1878

Citations

72 N.Y. 602 (N.Y. 1878)

Citing Cases

Leonard v. Columbia Steam Navigation Co.

We may assume that it was added on the taxation of the costs and the question can only be properly reached by…

Lane v. Lane

ported the very words of the sick man, this will be no good testament." This rule has no literal application…