Hasbrouck v. Vandervoort

New York Court of Appeals

Hasbrouck v. Vandervoort

1 Seld. Notes 185

DecidedDecember 31, 1853

StatusPublished

This text of 1 Seld. Notes 185 (Hasbrouck v. Vandervoort) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hasbrouck v. Vandervoort, 1 Seld. Notes 185 (N.Y. 1853).

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Opinion

A husband is not a competent witness for or against the trustee of his wife’s separate estate in a suit between the trustee and a third person in relation to the trust estate.

The principle which excludes the testimony of husband or wife, where the other is a party, or interested in the suit, depends merely upon the relations existing between the witness and party, and not at all upon the interest of the witness in the event of the suit. It is not, therefore, affected by sections 398 and 399 of the Code of Procedure.

(S. C., 4 Sandf. 596; 9 N. Y. 153.)

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A husband is not a competent witness for or against the trustee of his wife’s separate estate in a suit between the trustee and a third person in relation to the trust estate.

The principle which excludes the testimony of husband or wife, where the other is a party, or interested in the suit, depends merely upon the relations existing between the witness and party, and not at all upon the interest of the witness in the event of the suit. It is not, therefore, affected by sections 398 and 399 of the Code of Procedure.

(S. C., 4 Sandf. 596; 9 N. Y. 153.)

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Bluebook (online)

1 Seld. Notes 185, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hasbrouck-v-vandervoort-ny-1853.

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