Judgment unanimously reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event.
Memorandum:
Contrary to the contention of appellant an issue of fact was presented as to whether or not the notice of assessment was mailed by defendant. The finding implicit in the verdict that the notice was not mailed is not contrary to the evidence. Moreover, the jury could have found upon all the evidence (and presumably did find...
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