Order reversed, with costs in all courts, and motion granted, with ten dollars costs, on dissenting opinion of FOOTE, J., below. First and fourth questions certified answered in the affirmative; third question answered in the negative; second question not answered.
Concur: CULLEN, Ch. J., HAIGHT, VANN, HISCOCK, CHASE and COLLIN, JJ. Not voting: WILLARD BARTLETT, J.