| NY | Jan 19, 1909
Order affirmed, with costs; first question certified answered in the affirmative, second answered in the negative, and third not answered, as the demurrer does not raise that question; no opinion.
Concur: CULLEN, Ch. J., EDWARD T. BARTLETT, VANN, WERNER, WILLARD BARTLETT, HISCOCK and CHASE, JJ.