Opinion
Argued January 10, 1912
Decided January 30, 1912
Clare A. Pickard for appellant.
Frank C. Ogden for respondent.
Order and interlocutory judgment reversed and judgment ordered for defendant on demurrer, with costs in all courts. Question certified answered in the negative, with leave to plaintiff to serve amended complaint within twenty days on payment of such costs, on dissenting opinion of SMITH, P.J., below.
Concur: CULLEN, Ch. J., HAIGHT, VANN, WERNER, WILLARD BARTLETT, CHASE and COLLIN, JJ.