Walker v. McAllister — 80 N.Y. Sup. Ct. 616

Majority

p. 616

John M. Walker and Another, Appellants, v. Arthur E. McAllister, Respondent, Impleaded, etc.

Judgment and order reversed and a new trial ordered, with costs to abide the event. Held, (1) the court erred in receiving evidence of Phillips’ conversation with McAllister, at folio 181 of 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.