Majority
p. 960Holmes & Griggs Manuf’g Co., Respondent, v. Morse, Appellant. (Superior Court of New Nofk City, General Term. June 28, 1889.) Argued before Sedgwick, C. J., and Truax and Dugro, JJ.
Headnote
Appeal from judgment on report of referee.Adam C. Bilis, for appellant. Sidney II. Harris, for respondent.
The decisions of the supreme court[1] on the subject involved in this action are to be followed. Judgment reversed, order of reference set aside, and new trial ordered, with costs to abide event. All concur.
1 Manufacturing Co. v. Morse, 5 N. Y. Supp. 940 , and Manufacturing Co. v. Metal Co., Id. 937.