Opinion
Submitted May 20, 1878
Decided November 12, 1878
Cantwell, Paddock Saunders, for appellants.
Burke Kilburn, for respondent.
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.
The order granting a new trial must therefore be affirmed, and judgment absolute given for the plaintiff upon the stipulation.
All concur.
Order affirmed and judgment accordingly.