Opinion
January, 1913.
While it will be competent for the plaintiff to prove the fact stated in the 7th subdivision of the complaint, upon the trial, it is improper to plead the evidence. The allegation is unnecessary and redundant, and the order must be reversed, with ten dollars costs and disbursements, and the motion granted, with costs. Jenks, P.J., Thomas, Carr, Woodward and Rich, JJ., concurred.