Albrecht J. Lerche, Appellant v. William M. Brasher, as Administrator

Summary

The New York Court of Appeals reversed the lower courts' orders granting a new trial and entered judgment for the plaintiff, holding that the plaintiff’s testimony that he had not been paid was admissible because payment is an affirmative defense burdened on the defendant, that a certified transcript of a recorded power of attorney is competent evidence under Code § 933, and that the plaintiff may describe the services he performed so long as the inquiry excludes personal transactions with the deceased. The court also affirmed the exclusion of the defendant’s alleged counter‑claim.