Argued October 4, 1916
Decided October 24, 1916
Herbert C. Smyth and John Purdon for plaintiff, respondent and appellant.
Clayton J. Heermance for defendant, appellant and respondent.
Order affirmed, without costs; first question certified answered in the negative; second question answered in the affirmative; no opinion.
Concur: HISCOCK, CHASE, CUDDEBACK, HOGAN, CARDOZO and POUND, JJ. Absent: WILLARD BARTLETT, Ch. J.