Order reversed, with costs in all courts, and motion granted, with ten dollars costs, on dissenting opinion of Foote, J., below. First and fourth questions certified answered in the affizmative; third question answered in the negative; second question not answered.
Concur: Cullen, Ch. J., Haight, Vann, Hiscock, Chase and Collin, JJ. Not.voting: Willard Bartlett, J.