Opinion
November 10, 1948.
Appeal from Supreme Court.
Only questions of fact are involved. The proof sustains the judgment of the court below. Judgment affirmed, without costs. Heffernan, Brewster, Foster and Deyo, JJ., concur; Hill, P.J., dissents upon the ground that the denial of a jury trial was unwarranted. The matter should be remitted for a trial by a jury.