
    ROWLETTE, Appellant, v. FOSTER et al., Respondents.
    (Common Pleas of New York City and County, General Term.
    May 2, 1893.)
    Action by Thomas M. Rowlette against Roger Foster and others.
   PER CURIAM.

We have taken the case into consideration, and, after investigation, have concluded that the defendants in this action were estopped from. setting up the counterclaim which they did, and therefore that tin* judgment should be reversed, and a new trial ordered, with costs to appellants to abide the event.  