Opinion
December, 1905.
Present — O'Brien, P.J., Patterson, McLaughlin, Clarke and Houghton, JJ.
The judgment appealed from should be modified by affirming the same as to the defense designated in the answer as "a separate answer and defense;" and by reversing the judgment and sustaining the demurrer, with costs, with leave to the defendant to amend on payment of costs in the court below, as to the defense designated in the answer as "a further defense." As so modified judgment should be affirmed, without costs of appeal to either party.
Judgment modified as directed in opinion, and as modified affirmed, without costs.