Majority
p. 1114(66 Hun, 630.) DAVIS, Appellant, v. BOGART, Respondent. (Supreme Court, General Term, Fourth Department. December 9, 1892.)
Headnote
Action by Joseph H. Davis against George W. Bogart.No opinion. Judgment and order reversed on the exceptions, and a new trial ordered, with costs to abide the event. Held : (1) That the court erred in receiving evidence of the declarations of the witness Buskey ; (2) that there was-no evidence that the plaintiff’s mortgage was fraudulent as against Buskey’» creditors, and the court improperly refused to charge the jury to that effect; (3) the court improperly refused to charge that the price agreed upon between the defendant and Buskey for keeping the mule was conclusive upon the defendant, and he could not claim a lien upon the mule for any greater sum for such keeping.