Hyperlawhypertext legal database Ginsburgh v. Solomon 123 N.Y.S. 246

← Cases

Ginsburgh v. Solomon

123 N.Y.S. 246 Court N.Y. App. Term English

Delivered by BIJUR, J.

Contents

Majority

p. 246
GINSBURGH v. SOLOMON.
(Supreme Court, Appellate Term.
May, 1910.)

Headnote

Witnesses (§ 37[1] )—Means of Knowledge—Age.
A witness is competent to testify as to his own age.
[Ed. Note.—For other cases, see Witnesses, Cent. Dig. §§ 80, 81; Dec. Dig. § 37.*]
Appeal from Municipal Court, Borough of Manhattan, Second District.
Action by Samuel Ginsburgh against Max Solomon for goods sold and delivered. From a judgment for plaintiff, defendant appeals.
Reversed.
Argued before SEABURY, GUY, and BIJUR, JJ.
Mortimer W. Solomon, for appellant.
Bernard F. Nathan, for respondent.

The defense was infancy. Defendant’s father and brother testified that the defendant was not 20 years of age at the time of the trial. His brother testified to the same effect; both giving dates and details of defendant’s birth. Defendant was asked how old he was. The question was objected to, and excluded, and an exception

p. 247
taken by defendant’s counsel. This constitutes reversible error. Koester v. Rochester Candy Works, 194 N. Y. 92 , 96, 87 N. E. 77 , 19 L. R. A. (N. S.) 783 .

Judgment reversed, and new trial ordered, with costs to the appellant to abide the event. All concur.

Cases cited