
    Eugene F. Benham, Respondent, v. Charles W. Van Clief, Trustee, etc., Appellant.
    
   Judgment reversed and new trial ordered in Seneca County Court, with costs of this appeal to abide event unless the plaintiff stipulates to reduce the damages by deducting thirty-seven dollars and forty-three cents and interest from March 1, 1878, in which case the judgment as so modified is affirmed, with costs. Opinion by

Smith, P. J.;

Hardin, J., dissenting.  