Judgment modified, on the authority of Lyon v. James (decided herewith) 90 N. Y. Supp. 28, by directing restitution as against the defendant Gilbert in the form decreed in that case, and, as thus modified, affirmed, without costs of this appeal.
Judgment modified, on the authority of Lyon v. James (decided herewith) 90 N. Y. Supp. 28, by directing restitution as against the defendant Gilbert in the form decreed in that case, and, as thus modified, affirmed, without costs of this appeal.