Majority
p. 874William C. Robinson, App’lt, v. H. Edward Fincken, Resp’t. (Common Pleas of New York City and County, General Term, November 5, 1894.)
It appears that the plaintiff’s exhibits Nos. 1, 2,3 and 4, and ■defendant’s exhibits Nos. 1 and 2, are omitted from the return, which omission precludes any determination as to the matters litigated at this time. It is therefore directed that the appeal be reheard at the additional general term of this court, to be held December 20, 1894; the return to be amended in the •particulars noted meanwhile. Krakowski v. Association.