
    Samuel H. Cohen et al., Respondents, v. Elias Irion, as Assignee, etc., Appellant.
    (Argued April 20, 1891;
    decided May 5, 1891.)
    Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made February 16, 1889, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee.
    N. M. Lindsley for appellant.
    
      William Townsend for respondents.
   Agree to reverse and grant new trial on dissenting opinion of Mabtin, J., below.

All concur.

Judgment reversed.  