Order reversed, with ten dollars costs and disbursements, and motion denied, with ten doEars costs. No opinion.
*808Present — Finch, P. J., McAvoy, Martin, O’Malley and Townley, JJ.; Martin, J., dissents and votes for affirmance.
Order reversed, with ten dollars costs and disbursements, and motion denied, with ten doEars costs. No opinion.
*808Present — Finch, P. J., McAvoy, Martin, O’Malley and Townley, JJ.; Martin, J., dissents and votes for affirmance.