Opinion
December 4, 1951.
Present — Dore, J.P., Cohn, Callahan, Van Voorhis and Shientag, JJ.; Cohn, J., dissents and votes to affirm.
Judgment reversed and a new trial ordered. The defendant set up the defense that he was the pledgee of the eight carat diamond stone. He should have been allowed to establish this through the testimony of one who swore that he was the agent of the pledgor. Such testimony would not be incompetent under the hearsay rule. An alleged admission by the defendant in his original answer having been received in evidence the learned court below erred in refusing to allow the remainder of that answer to be introduced in evidence in purported explanation of the admission.