Upon appeal by defendant, judgment affirmed, with costs. Upon appeal by plaintiff, appeal dismissed, without costs; no opinion.
Concur: CARDOZO, Ch. J., POUND, CRANE, LEHMAN, O'BRIEN and HUBBS, JJ. Not sitting: KELLOGG, J.
Upon appeal by defendant, judgment affirmed, with costs. Upon appeal by plaintiff, appeal dismissed, without costs; no opinion.
Concur: CARDOZO, Ch. J., POUND, CRANE, LEHMAN, O'BRIEN and HUBBS, JJ. Not sitting: KELLOGG, J.