
    Howell, MacArthur & Wiggin, Inc., Appellant, v. Minnie Putnam, Respondent.
   Order unanimously affirmed, with ten dollars costs and disbursements. Plaintiff moved for an order striking out a separate defense in the answer, and also for summary judgment. Order denying motion is affirmed. The record does not disclose upon what theory the former action was disposed of. Hill, P. J., McNamee, Crapser and Heffernan, JJ., concur; Bliss, J., dissents.  