Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J.; Edward T. Bartlett, Haight, Hiscock and Chase, JJ., concur on the ground that the alleged errors were so cured by the subsequent charge as to become harmless; Gray and Willard Bartlett, JJ., dissent upon the ground that it was error to leave the case with the jury upon the. instruction that there was a legal presumption that the plaintiff was not mi juris.