Judgment modified by striking out the expression “.upon the merits,” and as thus modified affirmed; without costs. No opinion. Jenks, P. J., Thomas, Carr and Rich, JJ., concurred; Woodward, J., dissented.
Judgment modified by striking out the expression “.upon the merits,” and as thus modified affirmed; without costs. No opinion. Jenks, P. J., Thomas, Carr and Rich, JJ., concurred; Woodward, J., dissented.