Order affirmed, with costs. First, second, fourth, fifth and sixth questions certified answered in the affirmative; seventh and eighth questions certified answered in the negative; and third question certified not answered. No opinion. (See 264 N. Y. 620.)

Concur: Crane, Lehman, O’Brien, Hubbs and Crouch, JJ. Dissenting: Pound, Ch. J. Not sitting: Kellogg, J.