Order affirmed, with costs, and questions certified answered as follows: Second question in the negative so far as concerns the cause of action to recover damages on account of stock purchased in open market, and in affirmative so far as concerns cause' of action based on. subscription agreement; third question in the affirmative; first question not answered; no opinion.

Concur: Hiscock, Ch. J., Chase, Cuddeback, Pound, M cLaughlin and Andrews, JJ. Not voting: Hogan, J.