Appellate Division of the Supreme Court of the State of New York April 9, 1897 (Castner v. Duryea)

WILLIAMS, J.

The decision as made was evidently based upon the decision of the general term in this department in Herbert v. Duryea, 87 Hun, 288, 33 N. Y. Supp. 1031. The principle held in that case was, however, subsequently overruled by the court of' appeals in Rowell v. Janvrin, 151 N. Y. 60, 45 N. E.