Majority
p. 611Andrew J. Taylor, Respondent, v. Reuben H. Geer, as Executor, etc., Appellant.
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. 140 .) (2) That the-request to charge as to presumption of owner-snip of the money from the possession of the orders should have been granted.
Cases cited
- Martin v. Hillen 142 N. Y. 140 p. 611