Judgment affirmed, with costs, on the authority of our former decision in this case (187 N.Y. 142).

Concur: GRAY, HAIGHT, WERNER and CHASE, JJ. WILLARD BARTLETT, J., votes for modification in accordance with the dissenting opinion of KELLOGG, J., below. Dissenting: CULLEN, Ch. J., and COLLIN, J. *Page 532