
    City Real Estate Company, Appellant, v. Union Trust Company of New York, as Executor of William F. King, Deceased, Respondent, Impleaded with Another.
    
      City Beal Estate Co. v. King, 126 App. Div. 911, affirmed.
    (Argued November 17, 1909;
    decided December 7, 1909.)
    Appeal from a judgment entered July 28, 1908, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which affirmed an interlocutory judgment of Special Term sustaining a demurrer to the complaint in an action to recover upon a bond and to foreclose a mortgage.
    
      Edward E. Sprague for appellant.
    
      Benjamin A. Morton for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Haight, Werner, Willard Bartlett and Chase, JJ.  