Agree to affirm.

The following mem. being handed down:

"This case was argued in connection with the case ofOuderkirk v. Central National Bank of Troy^* and is substantially similar to that case in its facts. Some differences exist in minor details, but none in the material facts controlling the decision, and the judgment should, therefore, be affirmed upon the authority of that case."

All concur, GRAY, J., in result.

Judgment affirmed.

^* Ante, p. 263. *Page 635