Taylor v. Geer

28 N.Y.S. 1124 | N.Y. Sup. Ct. | 1894

No opinion. Judgment and order reversed, and a new trial ordered, with costs to ábide 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. —, 36 N. E. 803); (2) that the request to charge as to presumption of ownership of-the money from the possession of the orders should have been granted.