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The same questions are raised by this appeal, which were determined at the last term in the case of the plaintiff against P. Chamberlain. (5 Tiffany, 659.) In accordance with our decision in that case, the judgment of the Supreme Court should be reversed, and a new trial ordered with costs to abide the event.
All the judges concurring,
Judgment reversed. *Page 47
Document Info
Citation Numbers: 33 N.Y. 46
Judges: Porter
Filed Date: 6/5/1865
Precedential Status: Precedential
Modified Date: 11/12/2024