I. Jacobs and Young V. Kent 230 N. Y. 239, 129 NE 889, 23 A. L. R. 1429 II. Court of Appeals of New York III. Jan. 25, 1921, appeal was reversed and judgment of the trial term affirmed. Judge stipulated that the defendant could make whatever decision on material he deemed fit for his own home. April 4th, 1919, judgment was reversed in favor of plaintiff, defendant appealed. Trial was by judge. Judgment was overturned, because information was disallowed in the jury trial. Nov. 2nd, 1918, court ruled for defendant at jury trial. He was able to keep the $3,483.