(concurring). I concur on the authority of Eames & Co. v. Prosser, 157 N. Y. 269, 301.
Judgment reversed and new trial ordered, with costs to appellant to abide event.
(concurring). I concur on the authority of Eames & Co. v. Prosser, 157 N. Y. 269, 301.
Judgment reversed and new trial ordered, with costs to appellant to abide event.