Casner v. Royal Indemnity Co.

Order so far as appealed from reversed, without costs, and the motion remitted to the trial justice with the direction to make a record of the nature and content of the exhibit, taking proof for that purpose if in Ms judgment it be necessary. The oral testimony sufficiently discloses the basis for the respondent’s contention that there were interlineations and erasures in the lost exhibit wMch subject its integrity to attack. Present — Dowlmg, P. J., Merrell, Finch, McAvoy a.nd Proskauer, JJ.