Gastner v. Duryea ( 1895 )

PER CURIAM.

For the reasons stated in the opinion in Herbert v. Duryea (herewith handed down) 33 N. Y. Supp. 1031, the judgment should be reversed, and a new trial ordered, with costs to appellant to abide the event

FOLLETT, J., dissenting, on same grounds as in Herbert v. Duryea, supra.