Majority
p. 626Holmes, Booth & Haydens, Respondent, v. Eberhard Faber, Appellant.
Headnote
Judgment and order reversed, new trial ordered, costs-to appellant to abide event.— Appeal from a. judgment entered upon a verdict and from an order denying a new trial.—In this case the same question is presented as in the case of Leonard v. Faber, decided herewith (Ante, p. 495). It arises in the same way and must be determined upon the same considerations. The* judgment should, therefore, be reversed and. a new trial granted, with costs to appellant * to abide event. Van Brunt, P..,: dissented.. Present—Van Brunt, P. J., Rumsey, Patterson, Ingraham and McLaughlin, JJ.