2. Dealings by one with brokers in the absence of the intestate, though with the latter's money and on his behalf, were not transactions with the intestate, within the meaning of the statute. -Morris v. Norton, 75 Fed. 912. ....21 C. C. A. 553 3. The husband of a deceased party, defending an action as her executor, is not precluded, by Rev. St. § 858, from testifying to incidents, occurring with third parties for the benefit of the deceased, as to which she, if living, could not have given testimony to contradict his, although in such transactions he acted at the time as her agent. -Hinchman v. Parlin & Örendorff Co., 74 Fed. 698........21 C. C. A. 273 Examination-Cross-examination. 4. Matters of defense not referred to in the original examination of one of plaintiff's witnesses cannot be brought out by defendant on his crossexamination. --Goddard v. Crefield Mills, 75 Fed. $18. Re-examination. .21 C. C. A. 539 5. After plaintiff's have given their evidence in rebuttal, and the case is 213 VOL. 31, U. S. APPEALS REPORTS. (6th Circuit.) American Loan & Trust Co. v. Union Armstrong v. Chemical Nat. Bank (65 F. Baltimore & O. R. Co. v. Camp (65 F. 952; 13 C. C. A. 233).. Central Trust Co. of New York v. Monroe Baughman v. Seawell (65 F. 742; 13 C. 30 Berry v. Seawell (65 F. 742; 13 C. C. A. 101) 30 Bissell Carpet Sweeper Co., Ex parte (76 761 30 432 75 306 374 Butchers' & Drovers' Stockyard Co. v. City of Findlay v. Pertz (66 F. 427; 13 340 252 Compton v. Wabash R. Co. (GS F. 263; 15 486 Central Trust Co. of New York v. Condon (67 F. 84; 14 C. C. A. 314)...... Condon v. Eager (67 F. 84; 14 C. C. A. 314) 387 387 100 75 175 44 774 VOL. 35, U. S. APPEALS REPORTS. (2d Circuit.) Page Advance, The (67 F. 345; 14 C. C. A. 410) 196 Barney Dumping Boat Co. v. Niagara Fire Hendricks v. Gonzalez (67 F. 351; 14 C. C. A. 659). Hattie Palmer, The (68 F. 380; 15 C. C. A. 479) 369 127 Hendricks v. Schmidt (68 F. 425; 15 C. C. A. 504). 103 390 Irwin v. United States (67 F. 232; 14 C. C. A. 381).... 81 750 Carrington v. Silver & Co. (71 F. 298; 18 C. C. A. 45).. 805 James A. Garfield and The Amos C. Barstow, The (66 F. 366; 13 C. C. A. 515).. 75 |