Order affirmed, with costs, and question certified answered in the affirmative; no opinion.
Concur: Cullen, Ch. J., Haight, Yann, Hiscock and Chase, JJ. Dissenting (on dissenting opinion below): Willard Bartlett, J. Absent: Werner, J.
Herman D. Teschmacher, Appellant, v. Maynard N. Clement, as State Commissioner of Excise, et al., Respondents
198 N.Y. 556
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