Agree to affirm without opinion.
All concur, except Earl, J., dissenting.
Judgment affirmed.
(Argued December 5, 1879 ;
decided December 16, 1879.)
Fred. I. Small for appellant.
James B. Jenkins for respondent.
Agree to affirm without opinion.
All concur, except Earl, J., dissenting.
Judgment affirmed.
79 N.Y. 621
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