Judgment and order affirmed, with costs.
McLENNAN, P. J., dissents, upon the ground that the finding of the jury that the appearance was not ratified is contrary to and against the weight of the ¡evidence. See, also, 128 App. Div. 910, 112 N. Y. Supp. 1147; 129 App. Div. 930, 931, 113 N. Y. Supp. 1146, 1147.