New York Court of Appeals

Thomas B. Holcomb, as Administrator v. Friend H. Holcomb, Appellant

March 18, 188495 N.Y. 316

Summary

The Court held that lay, non‑expert testimony characterizing the assignor’s mental condition was incompetent and that interested witnesses’ testimony about personal transactions or communications with the deceased was barred by Code § 829. Because such evidence was improperly admitted, the trial court’s judgment was reversed and a new trial was ordered.