
    CYRUS O. BAKER, Respondent, v. JOHN ARNOT, Jr., Executor, etc., Appellant.
    Appeal from a judgment in favor of the plaintiff entered upon the verdict of a jury, and from an order denying a motion for a new trial. The G-eneral Term reversed the judgment on the ground that the court had submitted to the jury a question, when the evidence in the case was not sufficient to justify it in so doing.
    
      Ira Shafer, for the appellant.
    
      Jos. P. Osborne, for the respondent.
   Opinion by Barnard, P. J.

Present — Barnard, P. J., Tappen and Talcott, JJ.

Tappen, J., dissented.

Judgment and order reversed and new trial granted, costs to abide the event.  