Majority
p. 712Homer Knapp, Appellant, v. Leo J. Hall, Respondent. (Argued October 15, 1895; decided October 29, 1895.)
Headnote
"Reported below, 70 Hun, 17 .Appeal from order of the General Term of the Supreme "Court in the fifth judicial department, made June 23, 1893, which reversed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term, and granted -a new trial.
Hathcmiel Foote for appellant.
’Theodore Bacon for respondent.
'Order affirmed, and judgment absolute ordered for the -defendant on the stipulation, with costs in all courts; no -opinion.
All concur, except Baetlett, J., dissenting and Haight, . J,, .not sitting.