Appellate Terms of the Supreme Court of New York, 1914

Sofranski Bros. v. H. C. F. Koch & Co.

Appellate Terms of the Supreme Court of New York · Decided May 7, 1914

147 N.Y.S. 1142 (New York Supplement)

Counsel

Myers & Goldsmith, of New York City (Emanuel J. Myers, of New York City, and Josiah Cantor, of counsel), for appellants., Max Salomon, of New York City, for respondent.

Opinion of the Court

PER CURIAM.

The defendants’ witness, Miss Edwards, should have been permitted to testify fully as to conversations had by her with the plaintiff concerning the delivery of the ■goods to defendants and the sending of them to defendants, and after her memory had been •exhausted as to the general conversations it was proper to call witness’ attention to particular things that were said. The exclusion of this evidence "was error. Judgment reversed, and a new trial ordered, with costs to appellant to abide the event.

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