Opinion
Submitted October 5, 1904
Decided October 25, 1904
John H. Peck for appellant.
John B. Holmes for respondents.
Order affirmed, with costs, on opinions below. First and second questions certified answered in the negative; fourth question answered in the affirmative, and third question not answered because not passed upon by either court below.
Concur: CULLEN, Ch. J., O'BRIEN, MARTIN, VANN and WERNER, JJ. Absent: GRAY and HAIGHT, JJ.