Tannatt v. Haines — 135 N.Y.S. 1145

Majority

p. 1145

TANNATT, Respondent, v. HAINES, Appellant.

(Supreme Court, Appellate Division, Fourth Department.

May 1, 1912.)

Headnote

Action by Thomas B. Tannatt against Samuel Haines.

Judgment and order reversed, and new trial granted, with costs to appellant to abide event. Held, that reversible error was committed upon the trial by receiving in evidence, first, the alleged newspaper interview with defendant; second, the subsequent transaction between the parties as to the fourth car of apples; third, the proof in relation to the alleged statute law of the state of Washington relating to commission merchants.

McLENNAN, P. j., dissents.