This appeal was, by agreement of the parties, submitted upon the briefs filed in the case of Ashwell v. Miller (1913), ante 381, 103 N. E. 37. Following that case, the judgment in the ease at bar is reversed, with costs, and the cause remanded, with instructions to sustain appellant’s motion for a new trial; and it appearing that appellee has died since the submission of the cause, judgment is reversed as of the term when the submission was made.