Majority
p. 844Anna M. Tevlin, Grantee, Suing in the Name of Alice M. Neier, Grantor, Respondent, v. Louis Kessman, Appellant.
Judgment and order reversed upon the law and a new trial granted, costs to abide the event. The evidence admitted as to the residence of a former owner of the premises was hearsay and was not justified by the rule as to evidence of pedigree. (Young v. Shulenberg, 165 N. Y. 385 , 388; Washington v. Bank for Savings, 171 id. 166; Eisenlord v. Clum, 126 id. 552; Jones Ev. § 318; 3 Wigm. Ev. [2d ed.] § 1481.) Kelly, P. J., Rich, Jaycox, Manning and Young, JJ., concur.
Cases cited
- Young v. Shulenberg 165 N. Y. 385 at 388 p. 844