
    Benjamin McClung, Respondent, v. First Citizens Bank and Trust Company of Utica, Appellant, Impleaded with Others.
    (Argued December 14, 1933;
    decided January 9, 1934.)
    , Thayer Burgess and George H. Kenny for appellant.
    
      Charles B. Sullivan and Warner M. Bouck for respondent.
   Order affirmed, with costs, and question certified answered in the affirmative. No opinion.

Concur: Pound, Ch. J., Crane, Lehman, Kellogg, O’Brien, Hubbs and Crouch, JJ.  