It is ordered that the opinion heretofore rendered by this court in Department Two in this case is adopted as the opinion by the court in Bank, and judgment affirmed accordingly.
Shaw, J., and Lorigan, J., dissented for the reasons stated in the dissenting opinion in Woollacott v. Meekins, 151 Cal. 701, heretofore denied by the court in Bank: —
The following is the opinion of Department Two, rendered on the fourth day of April, 1907, and adopted by the court in Bank: —