Ract v. Duviard-Dime , 58 N.Y. Sup. Ct. 639 ( 1889 )

Judgment reversed and a new trial ordered, with costs to the appellant to abide the event, unless the defendant stipulates to modify the judgment as stated in opinion; but if the stipulation be given, then the judgment, as so modified, should be affirmed, without costs of this appeal. . Opinion by Daniels, J.