DANN v. PALMER

Order reversed, with costs in all courts, and motion granted, with ten dollars costs, on dissenting opinion of FOOTE, J., below. First and fourth questions certified answered in the affirmative; third question answered in the negative; second question not answered.

Concur: CULLEN, Ch. J., HAIGHT, VANN, HISCOCK, CHASE and COLLIN, JJ. Not voting: WILLARD BARTLETT, J.