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Walker v. McAllister

56 N.Y. St. Rep. 892 Court N.Y. Gen. Term English

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p. 892
John M. Walker et al., App’lts, v Arthur E. McAllister, Impleaded, etc., Resp’t.

No opinion. Judgment and order reversed, and a new trial ordered, with costs to abide the event. Held, (1) the court erred in receiving evidence of Phillip's conversation with McAllister, at folio 181 of the case ; (2) whether on the facts the defendant was entitled to have the case submitted to the jury is at least doubtful, but as the judgment must be reversed for the error already pointed out, we do not discuss that question.