William C. Church, as Administrator v. Seth Howard, Impleaded

Summary

The New York Court of Appeals reversed the judgment of the General Term, holding that the testimony of the administrator, the maker of the note, and the defendant Howard was inadmissible because it was not made in the performance of official duties and violated Section 829 of the Code of Civil Procedure. The Court also held that the original objection was sufficient to exclude all similar evidence, and that the trial court erred in allowing the evidence, necessitating a new trial.