
    J. Field Kennard, Respondent, v. Frederick W. Ritter, as Executor, etc., of Maxwell Hall Elliott, and Southport Holding Corporation, Appellants, Impleaded with Another.
   Order, so far as appealed from, unanimously modified by sustaining the sixth defense, and as so modified affirmed, without costs, on the authority of Pollitz v. Wabash Railroad Co. (207 N. Y. 113, 131.) Present — Martin, P. J., O’Malley, Townley, Untermyer and Dore, JJ.  