Wall v. Northwestern Fire & Marine Insurance

Judgment reversed upon the law and the facts and a new trial granted, costs to abide the event. In our opinion the matter set up in defendant’s second separate defense should be tried upon the merits, and the exclusion of the testimony offered in support of that defense was error. Lazansky, P. J., Young, Kapper, Hagarty and Carswell, JJ., concur.