We have examined the record in the light of the opinion of the court of appeals, (111 N. Y. 604, 19 N. E. Rep. 631,) and find that the defects in the proof in the former trial have been supplied, and the present, record requires an affirmance. Eor these reasons, and those expressed by the trial judge in his opinion, printed on pages 70, 71, of the case, the judgment appealed from must be affirmed, with costs.