The evidence in the instant case, and the law applicable thereto being substantially the same as in the case of AEtna Casualty Surety Company v. Daniel, ante, the decision in that case in controlling here.
Judgment affirmed. MacIntyre, P. J., and Townsend, J.,concur.
DECIDED OCTOBER 11, 1949. REHEARING DENIED NOVEMBER 8, 1949.