2 Hilt. 275 | New York Court of Common Pleas | 1859
The case of Keep v. Lord, (2 Duer, 78), which was not cited on the argument, is decisive upon the questions
My ruling at the trial was from a recollection of adjudged cases, (3 Barb. S. C. 40; 4 Sand. S. C. 604; 2 Duer, 78); and the views expressed in the above opinion were not presented. Upon reflection, I am satisfied that the ruling was erroneous, and I concur in reversing the judgment upon the grounds stated by my brother Brady.
Since the above opinion was written, the
Judgment reversed.