Opinion
Argued October 2, 1905
Decided October 17, 1905
E.G. Benedict for appellant.
James McBrien and Frank M. Hardenbrook for respondent.
Judgment affirmed, with costs, on opinion below. Question certified answered in the affirmative.
Concur: CULLEN, Ch. J., GRAY, BARTLETT, HAIGHT, VANN and WERNER, JJ. Absent: O'BRIEN, J.