Judgment affirmed, with costs. No opinion. Present — Finch, P. J., Merrell, O’Malley, Sherman and Townley, JJ.; O’Malley, J., dissents and votes for reversal and a new trial on the ground of error in the charge.
Judgment affirmed, with costs. No opinion. Present — Finch, P. J., Merrell, O’Malley, Sherman and Townley, JJ.; O’Malley, J., dissents and votes for reversal and a new trial on the ground of error in the charge.