¶1*608 Agree to reverse order of General Term and affirm jndg. ment of Special Term, on opinion of Smith, J., at Special Term.
¶2 All concur, except Miller, J., not voting.
¶3 Order reversed and judgment affirmed.
75 N.Y. 607
Whitney v. . Ensign
Decided December 10, 1878
New York Court of Appeals · decided 1878-12-10
Decided 1878-12-10