
    WARNER, Respondent, v. VERMEULE, Appellant.
    (Supreme Court, Appellate Division, First' Department.
    May 5, 1905.)
    Action by William C. Warner against John D. Vermeule.
    W. H. Russell, for appellant.
    H. • E. Deming, for respondent.
   No opinion. Judgment affirmed, with costs, with leave to the defendant to withdraw demurrer and to answer, on payment of costs in this court and in the court below.  