Opinion
March 9, 1949.
Appeal from County of Ulster.
Present — Foster, P.J., Heffernan, Brewster, Deyo and Santry, JJ.
The order was granted solely on the ground that the claim was barred by the Statute of Limitations. Although there was some evidence that the plaintiff had received various sums of money from or on behalf of the deceased, within the six-year period, it was totally insufficient to warrant an inference that such payments were intended to be applied against the specific obligation herein asserted, or that they constituted an implied promise to pay any larger indebtedness. In the absence of such proof, the claim is barred by the statute. Rulings on the admission of evidence are reviewable only on an appeal from a judgment and not on an appeal from an order such as we are presently concerned with. Order unanimously affirmed, with $25 costs and disbursements to the defendant-respondent.