Opinion
March, 1928.
Judgment affirmed, with costs. No opinion. Rich, Young and Carswell, JJ., concur; Lazansky, P.J., and Seeger, J., dissent upon the ground that the rule in Woolley v. Stewart ( 222 N.Y. 347) and Burns v. McCormick (233 id. 230) is not applicable in a case where the agreement is between husband and wife.