Opinion
Reargued October 21, 1941 —
Decided January 9, 1942.
On appeal from a judgment of the Supreme Court, whose opinion is reported in 125 N.J.L. 258.
For the appellant, Wall, Haight, Carey Hartpence ( John A. Hartpence and Charles J. Gormley, of counsel).
For the respondent, Collins Corbin ( Edward A. Markley, Charles W. Broadhurst and Raymond J. Lamb, of counsel).
Reargument of the issue joined in this cause was had pursuant to leave duly granted. It leaves us convinced that the judgment should be reversed, for the reasons set down in the opinion heretofore filed herein and reported in 126 N.J.L. 536. Appellant may proceed accordingly.
For affirmance — CASE, DONGES, PORTER, DEAR, WELLS, THOMPSON, JJ. 6.
For reversal — THE CHANCELLOR, BODINE, HEHER, COLIE, WOLFSKEIL, RAFFERTY, HAGUE, JJ. 7.