General
Oscar H. Green, Respondent v. Jacob Edick, Survivor, etc., Appellant
56 N.Y. 613·New York Court of Appeals·1874·NY
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Opinion
Oscar H. Green, Respondent v. Jacob Edick, Survivor, etc., Appellant.
(Argued February 16, 1874 ;
decided February 24, 1874.)
In an action against the surviving partner of a firm, plaintiff cannot testify to a conversation between Mm and the deceased partner.
This was an action against defendant, as surviving partner of the firm of Jacob Edick & Son. Upon the trial, plaintiff, as a witness in his own behalf, was allowed to testify to a conversation between him. and the deceased partner. Held, error, under section 399 of the Code.
E. F. Bullard for the appellant.
Esek Cowen for the respondent.
[MAJORITY — Per Curiam]
Per Curiam
opinion for reversal and new trial.
All concur.
Judgment reversed.