Ryder v. Ricketts

— Judgment reversed upon the law and the facts, and new trial granted, costs to appellant to abide the event, upon the ground that the determination of the trial court that the deeds involved were delivered is against the weight of the evidence. In coming to this conclusion we have taken into consideration the testimony of interested witnesses whose testimony might have been excluded if the proper objection had been made. Lazansky, P. J., Rich, Kapper, Seeger and Carswell, JJ., concur.