
    ALBANY COUNTY BANK v. RIDER.
    (Supreme Court, General Term, Third Department.
    December 6, 1893.)
    Appeal from special term, Albany county.
    Action by the Albany County Bank against Jonathan T. Rider on a promissory note for $500, made by defendant to the order of plaintiff, dated October 6, 1892, and which became due and payable February 15, 1893. From an order striking out the answer as sham, defendant appeals.
    Affirmed.
    Argued before MAYHAM, P. J., and PUTNAM, J.
    F. L. Michael, for appellant.
    Myer Nussbaum, for respondent.
   PUTNAM, J.

The facts in this case are substantially the same as in the case of the same plaintiff against the same defendant already considered by ■this court. 26 N. Y. Supp. 490. The order should be affirmed, with costs.  