¶1All the questions involved herein were passed upon by the Court of Common Pleas in an action between the same parties and reported in 12 Misc. Rep. 31; 33 N. Y. Supp. 20.
¶2The judgment herein must, therefore, be affirmed, with costs.
¶3Conlan, J., concurs.
¶4Judgment affirmed, with costs.