Judgment modified by striking out the words "on the merits," and as modified affirmed, without costs in this court; no opinion.
Concur: CULLEN, Ch. J., HAIGHT, WERNER, WILLARD BARTLETT, HISCOCK, CHASE and COLLIN, JJ.
Judgment modified by striking out the words "on the merits," and as modified affirmed, without costs in this court; no opinion.
Concur: CULLEN, Ch. J., HAIGHT, WERNER, WILLARD BARTLETT, HISCOCK, CHASE and COLLIN, JJ.