
    Filed March 17, 1891.
    Hiram Miller, Resp’t, v. Henry R. Pierson, Ind., and Robert C. Pruyn, as Assignee, App’lts.
    
      Geo. B. Wellington, for resp’t; Marcus T. Hun, for app’lts.
   Judgment reversed and new trial granted, with costs to abide the final award of costs, on opinion in Durant v. Pierson, 36 N. Y. State Rep., 463. All concur, except Vann, J., dissenting, and Potter, J., not voting.

Reversing 34 N. Y. State Rep., 203.  