
    Henry Gawthrop et al., Appellants, v. James D. Leary, Respondent.
    (Submitted June 2, 1882 ;
    decided June 13, 1882.)
    The General Term reversed the judgment in this action upon the facts, holding that the evidence was insufficient to support the verdict, but did not order a new trial.
    The court here say: “An examination of the record leads us to think that should have been done. (Goodman v. Conklin, 85 N. Y. 21.) It cannot be said that on a new trial a recovery would be impossible.”
    
      Albert A. Abbott for appeHants.
    
      John Berry for respondent.
   Per Curiam

opinion for modifying judgment by ordering a new trial.

All concur, except Tracy, J., absent.

Judgment accordingly.  