Opinion
Argued May 25, 1915
Decided October 5, 1915
Ralph S. Rounds, Eugene Congleton and George S. Brengle for appellant.
George W. Harper, Jr., and William Ferguson for respondent.
Order reversed, with costs in all courts, on the opinion in the case of German-American Coffee Co. v. Diehl ( 216 N.Y. 57). First question certified answered in the affirmative; second question in the negative.
Concur: WILLARD BARTLETT, Ch. J., HISCOCK, COLLIN, CUDDEBACK, HOGAN, CARDOZO and SEABURY, JJ.