
    Foster R. Bowlby and Another, as Executors, etc., of George M. Bowlby, Deceased, Appellants, v. John Ennis McQuail, Respondent.
   — Order denying motion for judgment on the pleadings affirmed, with ten dollars costs and disbursements. We think, in view of the decision of this court on the former appeal (208 App. Div. 818), that the issue presented by the answer as amended should be tried.

Kelly, P. J., Young and Kapper, JJ., concur; Rich and Kelby, JJ., dissent, and vote to grant judgment for the plaintiffs.-  