Judgment and order affirmed, with costs. All concurred, except McLennan, P. J., and Williams, > J., who dissented on the ground that the case,should have been submitted to the j.ury.
Judgment and order affirmed, with costs. All concurred, except McLennan, P. J., and Williams, > J., who dissented on the ground that the case,should have been submitted to the j.ury.