
    John C. Willis, Appellant, v. Frank H. McKinnon et al., Respondents.
    
      Willis v. McKinnon, 35 App. Div. 131, reversed.
    (Argued November 30, 1900;
    decided December 7, 1900.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered November 25, 1898, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term without a jury.
    
      C. L. Andrus for appellant.
    
      James R. Baumes for respondents.
   Judgment reversed and new trial granted, costs to abide the event, on opinion of Landon, J., below.

Concur : O’Brien, Bartlett, Haight, Martin, Vann and Cullen, JJ. Not sitting: Landon, J.  