General
Joseph J. Ressler, Appellant, v. William J. Conners, Jr., and Others, as Executors and Trustees under the Last Will and Testament of William J. Conners, Deceased, Respondents
242 A.D. 896·New York Supreme Court, Appellate Division·1934·NY
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Opinion
Joseph J. Ressler, Appellant, v. William J. Conners, Jr., and Others, as Executors and Trustees under the Last Will and Testament of William J. Conners, Deceased, Respondents.
[MAJORITY]
Judgment and order affirmed, with costs. All concur, except Taylor, J., who dissents and votes for reversal on the law and for granting a new trial upon two grounds: 1. That the trial court erred in refusing to permit plaintiff to testify as to when he discovered the fraud. The failure of plaintiff’s counsel to take an exception does not bar us from taking this error into account. 2. That plaintiff presented sufficient testimony to make out a prima facie case.