Judgment and order affirmed, with costs. All concurred, except McLennan, P. J., who dissented upon the ground that the finding of the jury that the appearance was not ratified is contrary to and against the weight of the evidence.
Judgment and order affirmed, with costs. All concurred, except McLennan, P. J., who dissented upon the ground that the finding of the jury that the appearance was not ratified is contrary to and against the weight of the evidence.