Majority
p. 888Andrew J. Taylor, Resp’t, v. Reuben H. Geer, App’lt.
No opinion. Judgment and order reversed, and a new trial ordered, with costs to abide 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.-; 58 St. Rep. 617 ; (2) that the request to charge as to presumption of ownership of the money from the possession of tile orders should have been granted.