THE NATIONAL PARK BANK OF NEW YORK v. BILLINGS

Order affirmed, with costs, on opinion of MILLER, J., below, and questions certified answered in the affirmative.

Concur: CULLEN, Ch. J., VANN, WERNER, WILLARD BARTLETT, HISCOCK and CHASE, JJ.; HAIGHT, J., concurs with MILLER, J., below, so far as the merits are concerned, but dissents as to the practice upon opinion of McLAUGHLIN, J., below.