
    Henry G. Goodwin, et al., appellants, v. Leopold Wertheimer, Impleaded, &c., respondent.
    Decided December 3, 1883.
    Appeal from judgment dismissing complaint with costs.
    Kelly and MacRae, for appellants; Melville H. Regensburger, for respondent.
   Freedman, J., wrote: “As to the merits this court has already decided (49 Super. Ct. 101) that the plaintiffs cannot recover against the defendant Wertheimer except upon proof of a demand of the property and a refusal by Wertheimer to comply. Upon the trial now under review the plaintiffs failed to supply this proof and hence the complaint was properly dismissed as to Wertheimer.” O’Gorman, J., concurred. Judgment affirmed, with costs. '  