Opinion
Submitted February 8, 1909
Decided February 23, 1909
James Z. Pearsall for appellant.
John V. Judge and John T. Fenlon for respondent.
Order affirmed, with costs; question certified answered in the affirmative on prevailing opinion below.
Concur: CULLEN, Ch. J., HAIGHT, VANN, WERNER, WILLARD BARTLETT, HISCOCK and CHASE, JJ.