Judgment modified by striking out the words “upon the merits,” and as so modified affirmed, without costs. Ho opinion. Hirschberg, Burr, Thomas, Carr and Woodward, JJ., concurred.
Judgment modified by striking out the words “upon the merits,” and as so modified affirmed, without costs. Ho opinion. Hirschberg, Burr, Thomas, Carr and Woodward, JJ., concurred.