91 A.D. 101
Appellate Division of the Supreme Court of the State of New York
Decided February 15, 1904
Appellate Division of the Supreme Court of the State of New York · decided 1904-02-15
Appeal by the defendant, Chester Burnell Duryea, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 9th day .of July, 1903, upon the decision of the court, rendered after a trial at the Hew York Special Term, granting the plaintiff a separation from the defendant upon the ground of cruel and inhuman treatment.
Decided 1904-02-15
¶1I think the judgment should be reversed because of the receipt in evidence of. the letter of . June' 29, 1901, which is admitted to ■ have been error. A more glaring instance of allowing a party to give evidence in her own behalf in the shape of a letter lias seldom been seen.
¶2Judgment affirmed, with costs.