
    TALLEY et al., Respondents, v. JAMES EVERARD’S BREWERIES, Appellant.
    (Supreme Court, Appellate Division, First Department.
    January 26, 1912.)
    Action by John J. Talley and others, as executors, etc., against James Everard’s Breweries.
    H. Hirshberg, for appellant.
    A. J. Talley, for respondents.
   PER CURIAM.

Judgment and order affirmed, with costs. See, also, 137 App. Div. 943, 122 N. Y. Supp. 1127, 1147.

INGRAHAM, P. J., and MILLER, J.,

dissent, upon the ground that the defendant had an absolute right to answer the amended complaint, and that it was error for the court to deny that right, or to refuse to adjourn the case to enable the defendant to prepare for trial. Order filed.  