Roggen v. Avert (65 N.Y. 592, 1875)

Earl, C.,

reads for affirmance; Lott, Ch. C., and Gray, 0., concur; Gray, C., upon the last ground discussed in the opinion.

Dwight, C., reads for reversal; Gray, C., concurs in the first ground discussed; Reynolds, C., not sitting.

Order of General Term affirmed and judgment absolute directed against plaintiff: