Opinion
November 11, 1936.
Present — Sears, P.J., Edgcomb, Thompson, Crosby and Lewis, JJ.
Judgment affirmed, with costs. Memorandum: Regardless of the question whether or not Hess would have been a competent witness had he been released from any possible liability to Meisenzahl, there is no competent proof of such release. (See Ward v. N Y Life Ins. Co. 225 N.Y. 314, at p. 321.) All concur. (The judgment is for plaintiff in an action by assignee to recover on a bond and mortgage.)