¶1 The decision at this term in Volans v. Owens (74 N. Y., 526) is decisive of the point upon which the complaint was dismissed, and the case was correctly disposed of by the General Term.
¶2 The order granting a new trial must therefore be affirmed, and judgment absolute given for the plaintiff upon the stipulation.
¶3 All concur.
¶4 Order affirmed and judgment accordingly.