
    HERBERT et al., Appellants, v. DURYEA, Respondent.
    (Supreme Court, Appellate Division, First Department.
    April 9, 1897.)
    Action by Henry L. Herbert and another against John Duryea.
    I. D. Warren, for appellants.
    R. L. Maynard, for respondent.
   WILLIAMS, J.

The questions arising in this case are the same as those presented in the case of Castner v. Duryea (decided herewith) 44 N. Y. Supp. 708; and for reasons stated in the opinion in that case the judgment should be reversed, and a new trial ordered, with costs to appellant to abide event.  