49 A.D. 193
Appellate Division of the Supreme Court of the State of New York
Decided July 1, 1900
Appellate Division of the Supreme Court of the State of New York · decided 1900-07-01
Appeal by the plaintiff, Frederick Haffner, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 11th day of March, 1899, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 14th day of March, 1899, denying the plaintiff’s motion for a new trial made upon the minutes.
Decided 1900-07-01
¶1I dissent. The error was not in the first ruling in relation to th^ book; but it was in afterwards allowing the defendant to read the *197contents of the book to the jury, without having in any way laid a proper foundation for the introduction of the book in evidence. The reading of the contents of the book to the jury certainly could not be permitted, if the book itself could not be admitted in evidence.
¶2Judgment and order affirmed, with costs.