Carnegie Trust Co. v. Chapman

Dowling, J. (dissenting):

I dissent in so far as a reversal is directed unless plaintiff elects to accept a reduction of the judgment in the sum of *790$12,000, with interest, and am in favor of the affirmance of the judgment.

Judgment reversed and new trial ordered, with costs to appellant to abide event, unless plaintiff stipulates to reduce judgment by $12,000 and interest, in which event the judgment as so modified and order affirmed, without costs. Order to be settled on notice.