(dissenting.) After the opinion of the Supreme Court in this case was rendered, a second trial was had, on which a substantially different state of facts appeared, giving rise to a different question of law. On this legal question, I think the present judgment is erroneous.
For affirmance — The Chancellor, Chief Justice, Magie, Parker, Reed, Scudder, Yan Syckel, Brown, Clement, Cole, McGregor, Whitaker. 12. For reversal — Depue, Dixon, Paterson. 3.