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. SmithOpinion
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.