Tyler v. Pulver — 113 N.Y.S. 1149

Majority

p. 1149

TYLER, Respondent, v. PULVER, Appellant.

(Supreme Court, Appellate Division, Fourth Department.

November 25, 1908.)

Headnote

Action by James R. Tyler against Elias F. Pulver.

Judgment and order reversed, and new trial 'ordered, with costs to appellant to abide event, upon questions of law and fact. Held, that the court erred in the admission of evidence offered by the plaintiff, among other things the schedules in bankruptcy and the report filed with the Secretary of State.

McLENNAN, P. j., dissents, upon the ground that the defendant offered no evidence in mitigation of damages, and that therefore the errors in the reception of evidence were immaterial.