Judgment affirmed, with costs, on opinion of Miller, J., below.
Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Haight, Willard Bartlett and Chase, JJ. Absent : Yann, J.
Carl Christman, Respondent, v. Andrew C. Roesch, Individually and as Executor of Maria Foehner, Deceased, Appellant
198 N.Y. 538
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