Opinion
November, 1935.
Present — Martin, P.J., Merrell, McAvoy, O'Malley and Untermyer, JJ.
Action for money had and received based on fraud. Order denying defendant's motion for judgment dismissing the amended complaint unanimously affirmed, with twenty dollars costs and disbursements, with leave to the defendant to answer within twenty days after service of order upon payment of said costs and the ten dollars costs of motion awarded at Special Term. No opinion.