
    Welsbach Company, Appellant, v. The Norwich Gas and Electric Company, Respondent.
    
      Welsbach Co. v. Norwich Gas <6 El. Co., 96 App. Div. 52, affirmed.
    (Submitted January 9, 1905;
    decided January 24, 1905.)
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered J uly 6, 1904, upon an order which reversed an order of Special Term overruling a demurrer to the complaint and an interlocutory judgment entered thereon in favor of plaintiff, and sustained such demurrer.
    The following questions were certified :
    “I. Was the complaint demurrable upon the ground that it appears upon the face thereof that the plaintiff did not have legal capacity to sue ?
    “II. Was the complaint demurrable on the ground uthat facts are not therein stated sufficient to constitute a cause of action 1 ”
    
      James P. Hill and J. J. Bixby for appellant.
    
      C. Tracey Stagg for respondent.
   Judgment affirmed, with costs ; both questions certified answered in the affirmative; no opinion.

Concur: Cullen, Ch. J., G-ray, O’Brien, Bartlett, Haight, Yann and Werner, JJ,  