Rothchild v. Schwarz , 59 N.Y.S. 527 ( 1899 )

MacLean, J.

(concurring). I concur in the result for the reason, as given by the learned presiding justice, that the letter attributed to Wanamaker was, at best, the declaration of a third party and not binding upon the defendant, but I do not assent to the doctrine .last stated in the opinion, upon the authority of 84 Hun, 391.

Judgment reversed, new trial ordered, with costs to appellant to abide event.