(dissenting):
I think that upon' the evidence before the referee the plaintiff was entitled to judgment.
Order affirmed, without costs, with- leave to plaintiff to apply to* Special Term for leave to take further proof, etc.
(dissenting):
I think that upon' the evidence before the referee the plaintiff was entitled to judgment.
Order affirmed, without costs, with- leave to plaintiff to apply to* Special Term for leave to take further proof, etc.