64 Barb. 373 | N.Y. Sup. Ct. | 1872
A new trial should, I think, be granted in this case for the error of the referee in overruling the objection to the testimony of the witness, George W. Cowles. The deed, executed to the defendants, containing the assumption of the incumbrance in question, was exhibited to this witness, and he testified that he drew the paper; that during a part of the time the grantees were present. Lyon & Griffen (the defendants) brought the papers, from which he got the data, as well as from them, from which he drew the deed. He was then asked: “Was the deed read over to them after it was drawn?” The question
The judgment should be reversed, and a new trial , granted, with costs to abide the event.