Wilson v. Boerem

In Wilson v. Boerem (15 Johns. 286 [Sup Ct, NY County 1818]), the court found it improper to admit into evidence in a civil case involving a promissory note the declaration of a deceased made when he was in extremis. The court held that the evidence was admissible only in homicide cases because the "opportunity to cross-examine a witness is a high and important right and ought not to be violated, except for the most imperious necessity." (Id. at 293.)