Opinion
Argued November 20, 1906
Decided December 4, 1906
Walter D. Clark and R. Floyd Clarke for appellant.
Duncan A. MacIntyre and William B. Ellison for respondent.
Judgment entered on report of referee modified in accordance with opinion of PATTERSON, J., below, and as modified affirmed upon said opinion, without costs.
Concur: CULLEN, Ch. J., GRAY, HAIGHT, VANN, WERNER, WILLARD BARTLETT and HISCOCK, JJ.