Majority
p. 914Samuel Klein, Sr., and Others, Copartners, etc., Respondents, v. Peter Spinell, Appellant.
Judgment and order reversed and new trial granted, costs to abide the event, upon the ground that, irrespective of the merits of the case, the defendant had an absolute right to have the jury polled at any time before the entry of the verdict, and the refusal of the learned trial justice to grant his request, to which exception was duly taken, constituted reversible error. Jenks, P. J., Thomas,- Rich, Putnam and Kelly, JJ., concurred.