Bullard v. Kenyon

Judgment reversed, new trial ordered, costs to abide event.

Heretofore the judgment of the trial court in this case was affirmed by this court upon appeal. Subsequently, at the Februaiy term, 1893, of this court, a reargumeut of the appeal was ordered. Upon a reconsideration of the case, we are satisfied that it comes plainly within the rules laid down in Karst v. Gane et al. ( 136 N. Y. 316 ), and that, following that case, the judgment herein should he reversed and a new trial ordered, costs to abide the event.