Majority
p. 633Joseph A. Vega and others, Respondents, v. Thomas Wheeler, as Sheriff of Oneida County, Appellant.
Judgment and order reversed on the exceptions and a new trial ordered, with costs to abide the event.
Held, that it was error to charge the jury u that if, at the time of the purchase, Sherwood & Hammans were insolvent, and knew that the plaintiff relied upon their solvency, that was a fraud, and the sales were void.” (See Hotchkin v. Third National Bank, 127 N. Y., 329 .)