Heretofore the judgment of the trial court in this case was affirmed by this court upon appeal. Subsequently, at the February term, 1893, of this court, a reargument of the appeal was ordered. Upon a reconsideration of the case, we are satisfied that it comes plainly within the rules laid down in Karst v. Gane, 136 N. Y. 316, 32 N. E. Rep. 1073, and that, following that case, the judgment herein should be reversed, and a new trial ordered, costs to abide the event.