
    MURPHY, Respondent, v. JOHN HOFMAN CO., Appellant.
    (Supreme Court, Appellate Division, Third Department.
    May 4, 1910.)
    Action by William E. Murphy against the John Hofman Company.
   PER CURIAM.

Interlocutory judgment affirmed, with costs, with leave to defendant to withdraw demurrer, and to serve answer in 20 days, on payment of costs in this court and at Special Term.

HOUGHTON, J., dissents.  