Malulo v. Resolved Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment reversed upon the law and new trial granted, with costs to the appehant to abide the event. It was error for the court to exclude the claim filed with the Workmen’s Compensation Commission. While it is a general rule that the mere contents of a written instrument claimed to have been executed by a certain person are not sufficient evidence of the fact of execution, it appears here that the person who, it is claimed, executed the instrument was unable to sign his name and the contents of the instrument are solely referable to that person. In such case the instrument should be admitted…
2Cited by2 opinions
- Welde v. WolfsonAppellate Division of the Supreme Court of the State of New York · 1969
- Kruger v. John Hancock Mutual Life InsuranceCity of New York Municipal Court · 1940