Opinion
Argued November 18, 1908
Decided December 8, 1908
Clarence J. Shearn for appellants.
Lenney, Maguire, Giffin Bizel for respondent.
Order and interlocutory judgment reversed and judgment ordered for defendants on the demurrer, with costs in all courts, with leave to plaintiff to serve an amended complaint within twenty days on payment of costs. Question certified answered in the negative on the dissenting opinion of INGRAHAM, J., below.
Concur: CULLEN, Ch. J., GRAY, WERNER, WILLARD BARTLETT and HISCOCK, JJ. Dissenting: HAIGHT and CHASE, JJ.