Jones v. Gould (202 N.Y. 549, 1911)

Order of Appellate Division reversed and that of Special Term affirmed, without costs to either party. First two questions certified answered in the negative. Third question answered in the affirmative, on dissenting opinion of Miller, J., below.

Concur: Cullen, Ch. J., Haight, Vann, Werner, Hiscock and Collin, JJ. Absent: Gray, J.