Citation Numbers: 26 A.D. 308
Filed Date: 7/1/1898
Status: Precedential
Modified Date: 10/28/2024
The action was brought to recover a balance due for goods sold and delivered to the firm of E. Thompson & Co., which firm the complaint charged was composed of the defendants.. Mary H. Thompson, alone, answered and defended, denying the partnership and her liability. Assuming that there was enough shown on the trial to justify the'submission to the jury of the question of the defendant Mary H. Thompson’s interest in the firm, it is clear that-a mass of incompetent evidence was admitted, only a single instance of which it is necessary to recite. A witness for the plaintiff was. ■ permitted to give the following testimony as to declarations of that defendant’s husband, made in her absence: “ Q. • And, in speaking
The judgment and order should be reversed and a new trial granted, costs to abide the event..
All concurred.
Judgment and order reversed and new trial granted, costs to abide the event.