Opinion
June 17, 1947.
Present — Cohn, Callahan, Peck and Van Voorhis, JJ.
In our opinion appellant made out a prima facie case of release. Respondent did not rest and has indicated that she had evidence to offer. Such evidence should be taken and a determination made on all the evidence. Decree, insofar as appealed from, unanimously reversed, with costs to appellant to abide the event, and a new trial ordered, at which the parties may stipulate, with the approval of the court, to incorporate the testimony taken in the present case in lieu of retaking such testimony.