Order affirmed, with costs, on the ground that the answer does not controvert the allegations of the second cause of action *Page 592 stated in the complaint, but sets up an affirmative defense. First question certified answered in the negative; second in the affirmative. No opinion.
Concur: CULLEN, Ch. J., VANN, HISCOCK and CHASE, JJ. Dissenting: WILLARD BARTLETT, J. Absent: HAIGHT and WERNER, JJ.