Downing v. Wortman

Judgment reversed *1048on the law and facts and a new trial granted, with costs to the appellant to abide the event. Memorandum: Proposed Exhibit No. 5 was erroneously excluded. On this record the finding of fact that the plaintiff was the owner of the premises was against the weight of evidence. All concur, except MeCurn, J., not voting. (The judgment is for plaintiff in an accounting action.) Present — • Taylor, P. J., Harris, MeCurn, Larkin and Love, JJ.