I think the facts bring this case within the principle laid down in Crozier v. Read (78 Hun, 181; 10 App. Div. 626), and Grinnell v. Taylor (85 Hun, 90). I, therefore, dissent.
Judgment reversed, new trial ordered, costs to appellant to abide event.
I think the facts bring this case within the principle laid down in Crozier v. Read (78 Hun, 181; 10 App. Div. 626), and Grinnell v. Taylor (85 Hun, 90). I, therefore, dissent.
Judgment reversed, new trial ordered, costs to appellant to abide event.