The Superior Court of New York City February 4, 1878 (Kranich v. Reynolds)

Freedman, J.,

wrote for affirmance, holding: As to the first question in the head-note that it was not; as to the second, that he was not bound to make such finding; and as to the third, that such fact was not of such controlling importance as to call on the referee to discredit the evidence.

Curtis, Ch. J., and Sedgwick, J., concurred.