Majority
p. 942Watson v. Benz. (Supreme Court, General Term, Second Department, May 11, 1891.) Argued before Barnard, P. J., and Pratt and Dykman, JJ.
Headnote
Appeal from Queens county court.Action by William. Watson against Albert Benz. From a judgment for defendant, plaintiff appeals. For former reports, see 12 N. Y. Supp. 51 ; 10 NT. Y. Supp. 799.
The case of Zoller v. Smith, 45 Hun, 319 , sustains the ruling of the county judge. If any change is to be made in the rule it must be done by the legislature. Order affirmed, with $10 costs and disbursements^