
    Rufus W. Pier, Respondent, v. William G. Smith et al., Appellants.
    (Argued January 16, 1873;
    decided March term, 1873.)
    Decided upon the facts in the case.
    
      Francis Fernan, for the appellants.
    
      W. F. Cogswell for the respondent.
   Earl, C.,

reads for reversal.

All concur.

Order reversed, and judgment of Special Term affirmed.  