Opinion
November, 1898.
James R. Rogers, for appellant.
Edwards Bryan, for respondent.
Charles F. Carusi, for assignee.
The facts presented upon the appeal herein are the same as those presented upon the appeal in action No. 1, argued and decided at this General Term, and the opinion and decision of this court thereon is also the same. (See opinion in action No. 1, 25 Misc. 309.)
Order appealed from affirmed, with costs.
FITZSIMONS, Ch. J., concurs.
Order affirmed with costs.