Opinion
Argued November 26, 1911
Decided December 5, 1911
Graham Sumner and Reeve Schley for appellant.
John D. Fearhake and James M. Gifford for respondent.
Order affirmed, with costs, on opinion of INGRAHAM, P.J., below; first, second and third questions certified answered in the affirmative; fourth question answered in the negative.
Concur: CULLEN, Ch. J., HAIGHT, WERNER, WILLARD BARTLETT and CHASE, JJ. Dissenting: HISCOCK and COLLIN, JJ.