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Hakim v. Hakim

Appellate Division of the Supreme Court of New York, First Department
Dec 4, 1951
279 App. Div. 723 (N.Y. App. Div. 1951)

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.


Summaries of

Hakim v. Hakim

Appellate Division of the Supreme Court of New York, First Department
Dec 4, 1951
279 App. Div. 723 (N.Y. App. Div. 1951)
Case details for

Hakim v. Hakim

Case Details

Full title:DORIS HAKIM, Respondent, v. CLEMENT M. HAKIM, Appellant, et al., Defendants

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 4, 1951

Citations

279 App. Div. 723 (N.Y. App. Div. 1951)