This case cannot be distinguished in principle from Gridley v. Dole, (4 Comst. 486,) and therefore the judgment below was right, and should be affirmed, with costs,
Clerke, P. J.Until Gridley v. Dole (4 N. Y. Rep. 486) be overruled, judgment must .be given for plaintiffs in cases similar to this. I concur.
Geo. G. Barnard, J., also concurred.
Judgment affirmed.
Clerke, Cardozo and Geo. G. Barnard, Justices.]