Alexander v. Sumner — 104 N.Y. 647

Majority

p. 647

Hannah Alexander, as Administratrix, etc., Respondent, v. Emma A. Sumner, Appellant.

(Argued December 10, 1886;

decided January 18, 1887.)

William W. Badger for appellant.

Josiah T. Marean for respondents.

directing the entry of an order reversing the judgment and directing a new trial, with costs to abide event, unless plaintiff stipulates to deduct therefrom a credit

p. 648

of $1-22.50 and interest and the costs embraced therein, and to pay the costs of the appeal to this court, in which case the judgment, as modified, is affirmed without costs to plaintiff.

All concur.

Ordered accordingly.