Majority
p. 732Robinson v. Jewett. (Supreme Court, General Term, First Department. April 14, 1892.) Argued before Van Brunt, P. J., and O’Brien and Ingraham, JJ.
Headnote
Appeal from judgment on report of referee.Action by Charles Robinson against H. J. Jewett, receiver of the Erie Railway Company. Prom a judgment dismissing the complaint on the merits, plaintiff appeals.
Reversed.
Meivry L. Burnett and Edward B. Whitney, for appellant. Shipman, Larocque & Choate, (Joseph Larocque, of counsel,) for respondent.
The questions presented in this case are the same as those presented in the case of Robinson v. Railroad Co., 18 N. Y. Supp. 728 , (decided herewith,) and for the same reasons stated in the opinion in that case the j udgment must be reversed, and a new trial ordered, with costs to appellant to abide the event. All concur.