Majority
p. 880William A. Barwick, Resp’t, v. Edger W. Youmans, App’lt. N. Y. C. P. December 2, 1895.
Motion for leave to appeal to the court of appeals.
Per Curiam.—As the question .which is decisive of this case will be presented to the court of appeals upon another appeal, to which this appellant is a party, we think that the present motion should be granted, to prevent a possible injustice which may arise if the court of appeals should differ from this court in its conclusions.