
    George Munro, Resp’t, v. Frank Tousey, App’lt.
    
      (Court of Appeals,
    
    
      Filed, December 1, 1891.)
    
   Per Curiam.

The disposition of this appeal is controlled by the decision in action No. 1.

The judgments, therefore, of the special and general terms below should be reversed, and judgment ordered for the defendant. dismissing the complaint, but with costs to the appellant only in .this court.

All concur, except Ruger, Ch. J., not voting.  