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Parks v. Andrews

51 N.Y. St. Rep. 940 Court N.Y. Sup. Ct. Decision date 1893-02-23 English

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p. 940
Horace Parks, Surviving Administrator, App’lt, v. Clarence Andrews, Individually and Adm’r of Josiah Andrews, deceased, et al., Resp’ts.

Judgment and order revei sed and a new trial ordered, with costs to abide the event. Held, that the exceptions taken to the admission of the evidence of Grant Andrews and May Potter as to the declarations of their father present error. See Holcomb v. Holcomb, 95 N. Y., 316 ; Matter of E saman, 113 id., 62; 22 St. Rep., 136 ; Matter of the Will of Dunham, 121 N. Y., 575 ; 31 St. Rep., 858 . 2. After excluding such evidence the verdict and decision are against the weight of evidence.