
    SUTPHEN, Appellant, v. UNITED STATES TRUST CO., Respondent.
    (Supreme Court, Appellate Division, First Department.
    May 17, 1912.)
    Action by Francis M. Sutphen against the United States Trust Company, individually, etc.
    W. H. Hamilton, for appellant. R. Thorne, for respondent.
   PER CURIAM.

Judgment and order modified, as stated in order, and, as modified, affirmed, with costs to" respondent, on opinion on former appeal (142 App. Div. 823, 127 N. Y. Supp. 537). Order filed.

SCOTT, J., dissents.  