For the reasons stated in the opinion in the case of Savings Inst. v. Neppert, 3 N. Y. Supp. 797, the judgment should be reversed, and new trial ordered, with costs to appellant to abide event.
Macomber, J., concurs. Brady, J., dissents.
For the reasons stated in the opinion in the case of Savings Inst. v. Neppert, 3 N. Y. Supp. 797, the judgment should be reversed, and new trial ordered, with costs to appellant to abide event.
Macomber, J., concurs. Brady, J., dissents.