This cause was advanced and heard with the preceding one, Mullen v. Peck, and was argued by Gallagher & Woodbridge, for plaintiff in error, and James T. Tollman, for defendant in error.

The questions involved are decided by the first and third paragraphs of the syllabus in the Mullen case, and as they were determined in the court below in accordance with that decision,

The judgment is affirmed.