Meroney v. . Avery

Upon the trial, the plaintiff was introduced and testified, without objection, as to a conversation between himself and the testator in regard to the cause of action; upon his cross-examination he was asked if he were not plaintiff, and if Isaac T. Avery, the testator of the defendant, were not dead. Upon his answering in the affirmative, the defendant objected to the competency of his evidence as to the conversation.

His Honor held that all objection had been waived, and refused to exclude it.

Afterwards the defendant testified in regard to the same conversation.

Verdict for the plaintiff.…