Opinion
July, 1910.
Present — Ingraham, P.J., Laughlin, Clarke, Scott and Miller, JJ.
The judgment and order should be reversed and a new trial ordered, unless the plaintiff stipulates to reduce the judgment as entered by deducting therefrom the defendant's proportionate amount of the coupons delivered to the principal debtor, and also the amount in excess of legal interest which the principal debtor has paid to the defendant, in which event the judgment as so modified and the order appealed from should be affirmed, with costs to the respondent.
Judgment and order reversed and new trial ordered, with costs to appellant to abide event, unless plaintiff stipulates to modify judgment as stated in opinion, in which event judgment as so modified and order affirmed, with costs to respondent. Settle order on notice.