Majority
p. 1133General Term — Fourth Department. Filed May 23, 1890. Dempster C. Austin, App’lt, v. Charles C. Vroman and Christopher H. Chase, Resp’ts.[1]
Judgment reversed and a new trial ordered, with costs to abide the event; leave given to appeal to the court of appeals, as a question of law is involved which ought to be reviewed by that court.
Opinions by Hardin, P. J., and Martin, J.; Merwin, J., not sitting.