Bacon v. Gilmore, 74 N.Y. 36 (1878)

Under New York’s Dead Man’s Statute, a party is generally prohibited from testifying about personal transactions or communications with a deceased person if the testimony is offered against the deceased person’s estate.

Summary

This case concerns the admissibility of testimony regarding the plaintiff’s intent when transferring property to a deceased individual. The court held that the plaintiff could not testify about his intent in placing property with the deceased, Bacon, because that intent was part of a personal transaction, and Bacon could no longer refute it. The ruling reinforces the principle that when one party to a transaction is deceased, the other party’s testimony about that transaction is restricted to ensure fairness and prevent potential fraud against the deceased’s estate. The court affirmed the judgment, finding no errors in the exclusion of the plaintiff’s testimony.

Facts

The plaintiff allegedly placed funds and property with Bacon (now deceased) to delay or defraud his creditors. The defendant (presumably representing Bacon’s estate) presented evidence to support this defense. The plaintiff was then asked if he had placed property in Bacon’s hands with the intent to defraud creditors. The referee sustained an objection to this question.

Procedural History

The case proceeded to trial where the referee excluded certain testimony from the plaintiff. The court reviewed the referee’s decision to exclude evidence regarding the plaintiff’s intent and other related matters. The New York Court of Appeals reviewed the judgment, focusing on the evidentiary rulings made during the trial.

Issue(s)

Whether the plaintiff’s testimony regarding his intent when placing property in the hands of the deceased, Bacon, is admissible under the restrictions of the Dead Man’s Statute regarding personal transactions with deceased individuals.

Holding

No, because the plaintiff’s intent was an integral part of the personal transaction with Bacon, and therefore, testimony about it is inadmissible under the rule preventing parties from testifying about personal transactions with deceased individuals when the testimony is offered against the deceased’s estate.

Court’s Reasoning

The court reasoned that the plaintiff’s intent was intrinsically linked to the act of placing property with Bacon, making it a part of the personal transaction. Allowing the plaintiff to testify about his intent would be akin to allowing him to testify about the transaction itself, which is prohibited by the Dead Man’s Statute. The court emphasized the need for fairness, stating, “There is the same reason for excluding the living party from testifying as to the intent with which a personal transaction with a deceased party was performed, as for excluding him as a witness to any other part of the transaction. Such evidence can generally be disproved only by what was said and done at the time of the transaction, and hence, when death has sealed the lips of one party the law should seal the lips of the other.” The court further noted that when evidence is excluded upon a general objection, the ruling will be upheld if any ground existed for the exclusion. The questions regarding ownership of the mortgage and real estate were also deemed inadmissible as they related to property placed in Bacon’s hands, thus involving personal transactions. Church, Ch. J., and Andrews, J., dissented, arguing that evidence of the plaintiff’s intent should have been admitted.