
    VAN TUYL, Superintendent of Banks, v. SCHARMANN et al.
    (Supreme Court, Appellate Division, Second Department.
    November 1,1912.)
    Appeal from Special Term, Kings runty. Action by George C. Van Tuyl, Jr., Superintendent of Banks, against August Scharmann and others. From an order erruling a demurrer to the complaint, dendants appeal. Affirmed. Almet Reed Lat-n, of New York City (Ward W. Pickard, of ew York City, on the brief), for appellants. . Cady Herrick, of New York City (Frank M. atterson, of New York City, on the brief), r respondent.
   PER CURIAM.

We think that the decision : the learned Special Term, overruling the deurrer to this complaint, was proper. The lief points of attack made upon the complaint ive already been discussed by this court in heney v. Scharmann, 145 App. Div. 456, 129 . Y. Supp. 993, and we see no present reason >r departing from the conclusion then reached j the court, which was adverse to the contenons now made by the appellants in this aeon. The point of the demurrer as to the dect of parties defendant was not involved in ir discussed in the decision referred to, but e agree with the learned Special Term that íe Lafayette Trust Company was not a nec;sary party to the maintenance of this action i equity, although it was a proper party, and lay be brought in at any time before the trial : the action. The order overruling the deturrer is affirmed, with $10 costs and disburselents, but with leave to the defendants to aniver within 20 days, on payment of the costs ad disbursements of this appeal, together with íe costs awarded in the order appealed from.  