New York Court of Appeals

Egbert Cary v. . Jane White

December 22, 187459 N.Y. 336

Summary

The Court held that section 399 of the Code does not bar a party from testifying to statements of a deceased person made to a third person, and that the statutory protection applies only to parties who derive their interest from the deceased. Accordingly, the exclusion of the plaintiff's testimony was erroneous, a new trial was warranted, and the lower court's order was affirmed.