
    HERMAN FUNKE and others, Plaintiffs and Respondents, v. THE NEW YORK MUTUAL INSURANCE COMPANY, Defendant and Appellant.
    Before Sedgwick, Van Yorst and Speir, JJ.
    
      Decided December 9, 1874.
    Appeal from a judgment.
    
      Samuel E. Lyon and Richard S. Emmett, for appellants.
    
      Charles M. DaCosta, for respondents.
   Judgment reversed and new trial granted for the same reasons stated in the case of Funke et al. v. The Orient Mutual Ins. Co. (ante, page 319).

Opinion by Speir, J., Sedgwick and Yan Yorst, JJ., concurring.  