Judgment of Appellate Division reversed and that of Trial Term affirmed, with costs in this court and the Appellate Division, on prevailing opinion in Metropolitan Life Ins. Co. v. Childs Co. (230 N. Y. 285).
Concur: Hogan, Caedozo, Pound and Andrews, JJ. Dissenting on opinion of McLaughlin, J., in Metropolitan Life Ins. Co. v. Childs (230 N. Y. 295): His cock, Ch. J., McLaughlin and Crane, JJ.