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Aaron Roggen, Appellant, v. John Avert, Respondent
Earl, C.,
reads for affirmance; Lott, Ch. C., and Gray, 0., concur; Gray, C., upon the last ground discussed in the opinion.
Dwight, C., reads for reversal; Gray, C., concurs in the first ground discussed; Reynolds, C., not sitting.
Order of General Term affirmed and judgment absolute directed against plaintiff: