Majority
p. 868William M. Hoes, App’lt, v. Thomas Hume, Resp’t. Sup. Ct., App. D., 1 D., May 1, 1896.
J. W. Boothby, for app’lt; R. E. Deyo, for resp’t.
—The rule laid down upon the previous appeal (Stebbins v. Hume 1 N. Y. Supp. 131 ) is the law of this case, so far as this' court is concerned. The trial judge ruled in accordance with the views there laid down by the general term. We should therefore affirm his action. The judgment should be affirmed, with costs.