This case is between the same parties, the same questions are presented, and the same briefs filed, as in the case of Seavey v. Maples, ante, p. 205, herewith decided. Upon the authority of that case, the judgment in this case must be affirmed.

Per Curiam. — It is therefore ordered, that the judgment of the court below be and it is in all things affirmed, with costs.

Zollars, J., did not participate, having been of counsel.