Steinhardt v. Bingham

For the reasons stated in the opinion of Mr. Justice Hatch on the previous appeal in this case (Steinhardt v. Bingham, 53 App. Div. 286, 65 N. Y. Supp. 838), the exceptions should be sustained, and a new trial ordered, with costs to the plaintiffs to abide the event.

HATCH and LAUGHLIN, JJ., concur.

I dissent for the same reasons upon which I based my dissent upon the former appeal, which grounds have been since sustained by the Court of Appeals in the case of Peabody v. Satterlee, 166 N. Y. 174, 59 N. E. 818, 52 L. R. A. 956, where the precise question involved seems to have been disposed adversely to the position taken by this court upon the former appeal.

O’BRIEN, J., concurs.