¶1 Judgment of the Appellate Division reversed and that of the Trial Term affirmed, with costs in this court and in the Appellate Division. There was a question of fact for the jury. No opinion.
¶2 Concur: O’Brien, Hubbs, Loughran and Finch, JJ. Dissenting: Crane, Ch. J., and Lehman, J. Taking no part: Rippey, J.