Judgment affirmed, with costs, on the opinion of Mr. Justice WALTER LLOYD SMITH at special term. One of the principal authorities relied upon below, and cited in the opinion (Dearing v. Hardware Co., 33 App. Div. 31, 53 N. Y. Supp. 513), has, since the argument, been affirmed by the court of appeals, and we are unable to discover any distinction in principle between that case and the case at bar.