Judgment affirmed, with twenty-five dollars costs.
Section 2039 of the Penal Law, which makes it a misdemeanor for any one to apply for a. loan upon real property without the written authority of the owner, is unconstitutional. (See Fisher Company v. Woods, 187 N. Y. 90.) This was the only point raised on the trial.
Present: Cropsey, Lazansky and MacCrate, JJ.