Alexander v. . Dutcher
Cases that cite this one
7 later published cases cite this decision.
- Church v. Howard (New York Supreme Court 1879)
- Bishop v. See (Appellate Terms of the Supreme Court of New York 2009)
- Lawrence's Adm'r. v. Hyde (W. Va. 1916)
- Abelein v. Porter (Appellate Division of the Supreme Court of New York 1899)
- Ehmann v. Scheuerman (New York Court of Common Pleas 1888)
- Curtiss v. Moore (The Superior Court of New York City 1885)
- Ely v. Clute (New York Supreme Court 1879)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
I can find no provision, excepting a case like the present, from the operation of section 399 of the Code. That section prohibits all parties to .actions from testifying to personal transactions with a deceased person against his executors, etc., and makes no distinction between cases where parties are called as witnesses on their own behalf, or in behalf of a co-defendant, or cases where they • are jointly or severally liable. It might have been reasonable to make such distinctions, but we have no authority thus to supplement the act, which is clear and positive in its terms.
The act of 1832 cannot aid the case. It has been superseded by sections 120 and 397 of the Code.
There was no evidence on which the' issue of payment could properly have been submitted to the jury.
The judgment should be affirmed.
All concur.
Judgment affirmed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.