Judgment reversed on the law, with costs, and judgment directed in favor of the defendant, with costs, upon the authority of Utica Trust & Deposit Company v. Decker (244 N. Y. 340). The tenth finding of fact (except the first fifty-two words thereof) is reversed on the law, on the ground that there is no evidence to support it. All concur. Present — Hubbs, P. J., Clark, Sears, Taylor and Sawyer, JJ.