Opinion
Argued October 22, 1928
Decided November 20, 1928
Appeal from the Supreme Court, Appellate Division, Fourth Department.
J.A. Kellogg, William E. Bennett and Luther A. Wait for appellant.
John N. Carlisle and James Todd for respondent.
Judgment affirmed, with costs. First and fourth questions certified answered in the negative. Second and third questions answered in the affirmative; no opinion.
Concur: CARDOZO, Ch. J., POUND, CRANE, ANDREWS and LEHMAN, JJ. Not sitting: KELLOGG and O'BRIEN, JJ.