Opinion
Argued October 19, 1904
Decided November 15, 1904
Franklin Pierce for appellant.
Alex. Rosenthal and Edmund Bittiner for respondent.
Order of Appellate Division reversed and judgment of Trial Term affirmed, with costs, on dissenting opinion of INGRAHAM, J., below.
Concur: CULLEN, Ch. J., GRAY, HAIGHT, MARTIN, VANN and WERNER, JJ. Not voting: BARTLETT, J.