Lawless v. Schoenaker

This action was brought to recover upon an alleged agreement by which the defendant was to pay the plaintiff one-half of the commissions which the former received for acting as executor of an estate in consideration of plaintiff’s aiding the defendant in the performance of his duties. There was a sharp conflict in the proof. The plaintiff asserted that such an agreement was made. The defendant denied it. The jury found for the defendant.

The chief question for consideration upon this appeal relates to the exclusion of evidence sought to be introduced by the plaintiff. The plaintiff called as a…