The declaration in this case presented, in all substantial respects, the same state of facts as the declaration in the case just decided. After argument by Mr. M. M. Carpenter,for the plaintiff, no one appearing contra, Mr. Justice Swayne announced the judgment of the court to the effect that the former case decided this. The question certified to the.court — which was whether the declaration showed a sufficient cause of action — was accordingly answered by it

In the affirmative.