¶1 Judgment affirmed, with costs; no opinion.
¶2 Concur: Caedozo, McLaughlin and Andbews, JJ., and Hogan, J., under provisions of section 1317 of the Code of Civil Procedure. Dissenting on ground that *613 error was committed in charging requests made by respondents’ counsel: Hiscock, Ch. J., Chase and Pound, JJ. _