
    Holmes, Booth and Hayden, Resp’t, v. Eberhard Faber, App’lt.
    
      (Supreme Court, Appellate Division, First Department,
    
    
      Filed February 7, 1896.)
    
    Appeal from an interlocutory judgment, overruling a demurrer to the complaint.
    James J. Allen, for app’lt; D. M. Porter, for resp’ts.
   BARRETT, J.

—This case is similar in its facts to Bank v. Faber (previously decided) 37 N. Y. Supp. 423, and the result reached in that case controls this one also. The judgment overruling the demurrer should be affirmed, with costs, with leave to the defendant to answer within twenty days from entry of judgment, upon payment of the costs of the appeal and costs of the court below. • '

All concur.  