This case was tried at the same time, and submitted on the same testimony, as that of Wilking v. Richter, 25 Misc. Rep. 735. For the reasons stated in the opinion handed down in that case, the judgment herein must be reversed and a new trial ordered, with costs to appellant to abide the event.
Present: Beekman, P. J., G-ildersleeve and Giegerioh, JJ.
Judgment reversed and new trial ordered, with costs to appellant to abide event.