
    WELLER R. DALRYMPLE, Plaintiff, v. WILLIAM HUNT and another, Defendants.
    
      General denial — what not admissible under.
    
    Where, in an action brought to rescind a contract, on the ground of fraud, an answer is interposed denying each and every allegation of the complaint, held, that the defendant can give no evidence except such as tends to disprove the allegations of the complaint; and it is error to allow him to introduce the record of a judgment showing a former suit for the recovery of damages for the fraud alleged in the complaint.
    Motion for a new trial, on exceptions ordered to be heard in the first instance at the General Term.
    
      A. M. Bmgham, for plaintiff. Hakes <& Siemens, for defendants.
   Opinion by

Smith, J.

Present — Mullin, P. J., Smith and Gilbert, JJ.

N ew trial granted, costs to abide the event. •  