
    Berta Kovinsky, Appellant, v. Title Guarantee and Trust Company, Respondent.
   Action for money had and received. Judgment dismissing the complaint at the opening of the case reversed on the law and a new trial granted, costs to abide the event. The court is of the opinion that the plaintiff should have been permitted to present the facts as outlined in her complaint. There was no necessity for an election. Lazansky, P. J., Young, Carswell, Scudder and Tompkins, JJ., concur.  