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PRIEST v. POLESHUCK

15 N.J. 557 (1954)

105 A.2d 541

BENJAMIN H. PRIEST, EXECUTOR OF THE WILL OF JULIA COLE, DECEASED, PLAINTIFF-RESPONDENT, v. SAMUEL POLESHUCK, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided May 31, 1954.

Attorney(s) appearing for the Case

Mr. William Gelfond argued the cause for appellant. Mr. John S. Giava, attorney.

Mr. Benjamin H. Priest, the respondent executor, argued the cause pro se.

The opinion of the court was delivered by HEHER, J.

Plaintiff was given a verdict and judgment in this suit upon a book account for goods sold and delivered by the testatrix to defendant. The appeal concerns the disallowance by the jury of credit for two payments claimed by defendant — i.e., $500 on March 3, 1947, and $300 on November 8, 1949. Error is assigned on the admission of what is termed "opinion testimony" related to the factum probandum...

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