¶1Judgment and order reversed and new trial ordered, with costs to appellant to' abide event, upon questions of law and fact. Held, that the court erred in the admission of evidence offered by the plaintiff, among other things the schedules in bankruptcy and the report filed with the Secretary of State. All concurred, except McLennan, P. J., who dissented upon the ground that the defendant offered no evidence in mitigation of damages and that, therefore, the errors in the reception of evidence were immaterial.
128 A.D. 917
Tyler v. Pulver
Appellate Division of the Supreme Court of the State of New York
Decided November 15, 1908
Appellate Division of the Supreme Court of the State of New York · decided 1908-11-15
Decided 1908-11-15