Taylor v. Geer — 28 N.Y.S. 1124

Majority

p. 1124

TAYLOR, Respondent, v. GEER, Appellant.

(Supreme Court, General Term, Fourth Department.

May 18, 1894.)

Headnote

Action by Andrew J. Taylor against Reuben H. Geer, as executor, etc.

Argued before HARDIN, P. J., and MARTIN and MERWIN, JJ.

No opinion. Judgment and order reversed, and a new trial ordered, with costs to ábide the event. Held, (1) the court erred in admitting evidence of the plaintiff of a conversation with defendant’s testatrix, which he testifies occurred when no one else was present (see Martin v. Hillen, 142 N. Y. —, 36 N. E. 803 ); (2) that the request to charge as to presumption of ownership of-the money from the possession of the orders should have been granted.