Opinion
Reargued May 25, 1875
Decided June term, 1875
Samuel Hand for the appellant.
Henry Smith for the respondent.
EARL, C., reads for affirmance; LOTT, Ch. C., and GRAY, C., 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.