
    H. C. Harnickell, Suing on Behalf of Himself and Others, Respondent, v. The Omaha Water Company, Appellant, and The Guaranty Trust Company of New York, as Trustee, Respondent.
    
      Harnickell v. Omaha Water Co., 146 App. Div. 693, affirmed.
    (Argued March 10, 1913;
    decided March 25, 1913.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 29, 1911, in favor of plaintiff upon the submission of a controversy, under section 1279 of the Code of Civil Procedure, as to whether the principal of certain bonds had become due.
    
      Howard Mansfield for appellant.
    
      Charles Howland Russell and Lansing P. Reed for respondents.
   Judgment affirmed, with costs, on opinion of Clarke, J., below.

Concur: Cullen, Ch. J., Gray, Werner, Collin, Cuddeback and Miller, JJ. Absent: Hiscock, J.  