Appellate Division of the Supreme Court of New York, 1944

Nelson v. Brady

Nelson v. Brady
Appellate Division of the Supreme Court of New York · Decided October 20, 1944
268 A.D. 226; 50 N.Y.S.2d 582; 1944 N.Y. App. Div. LEXIS 3152

Counsel

Joseph L. Stein of counsel (Stem, Solomon & Simon, attorneys), for appellant., Aaron I. Schwartz for respondent.

Nelson v. Brady

Opinion of the Court

Per Curiam.

It was error for the court to place in evidence specimens of the plaintiff’s signature, made on the witness stand, for comparison by the jury with other disputed signatures. Signatures made under these conditions are in the nature of self-serving acts (People v. Molineux, 168 N. Y. 264; Hickory v. United States, 151 U. S. 303), which are only admissible at the instance of the adverse party. '

The judgment should be reversed and a new trial ordered, with costs to the appellant to abide the event.

Mastín, P. J., Townley, Glennon, Untebmyeb and Does, JJ., concur.

. Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event. Settle order on notice.

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