The judgment is affirmed for the reasons expressed in the opinion of Judge McGeehan speaking for the majority in the Appellate Division of the Superior Court, 11 N. J. Super. 46, except that the defendant, Nathan Peekerman, is relieved of the payment of the plaintiffs costs on his appeal as provided in said opinion.

For affirmance and modification—Chief Justice Vanderbilt, and Justices Case, Heher, Oliphant, Wacheneeld, Burling and Ackerson—7.

For reversal—None.