State Bank of Mayville v. Howard — 147 A.D. 919

Majority

p. 919

The State Bank of Mayville, N. Y., Respondent, v. Edward T. Howard, Impleaded with Linson de F. Jennings, Individually, and as Executor, etc., of Susan B. Jennings, Deceased, Appellant.

Judgment reversed and new trial granted, with costs to appellant to abide event. Held, that the judge, upon the record, struck out all the evidence of the witnesses, which was error. Some of the evidence given by Jennings was clearly competent and should have been allowed to stand. All concurred.