
    Oscar H. Green, Respondent v. Jacob Edick, Survivor, etc., Appellant.
    (Argued February 16, 1874 ;
    decided February 24, 1874.)
    In an action against the surviving partner of a firm, plaintiff cannot testify to a conversation between Mm and the deceased partner.
    This was an action against defendant, as surviving partner of the firm of Jacob Edick & Son. Upon the trial, plaintiff, as a witness in his own behalf, was allowed to testify to a conversation between him. and the deceased partner. Held, error, under section 399 of the Code.
    
      E. F. Bullard for the appellant.
    
      Esek Cowen for the respondent.
   Per Curiam

opinion for reversal and new trial.

All concur.

Judgment reversed.  