Opinion
Argued January 8, 1913
Decided January 28, 1913
William D. Gaillard for appellant.
Frank M. Patterson and John B. Loughborough for respondent.
Order affirmed, with costs. Second question answered in the affirmative. First question not answered, because the answer to the second question has rendered the first question immaterial; no opinion.
Concur: CULLEN, Ch. J., WERNER, WILLARD BARTLETT, CHASE, COLLIN and HOGAN, JJ. Not sitting: HISCOCK, J.