
    Samuel G. Metcalf, as Receiver, etc., Appellant, v. Jose A. Del Valle, Impleaded, etc., Respondent.
    (Argued January 16, 1893;
    decided January 31, 1893.)
    Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made November 18, 1892, which affirmed a judgment in favor of defendant, entered upon an order of Special Term sustaining a demurrer to plaintiff’s complaint.
    
      Charles A. Murphy for appellant.
    
      L. S. Hulse for respondent.
   Agree to affirm on authority of Bostwick v. Menck (40 N. Y. 383); no opinion.

All concur, except Earl, J., dissenting.

Judgment affirmed.  