
    NATIONAL CONTRACTING CO., Respondent, v. HUDSON RIVER WATER POWER CO., Appellant.
    (Supreme Court, Appellate Division, First Department.
    June 15, 1906.)
    Action by the National Contracting Company against the Hudson River Water' Power Company. R. L. Hand, for appellant. L. L. Kellogg, for respondent.
   PER CUiRIAM.

Order modified by allowing the plaintiff to withdraw demurrer on payment of a trial fee, and the defendant’s taxable disbursements of the trial, the costs and taxable disbursements of the appeal to this court from the judgment entered upon the report of the referee, $10 costs of opposing the motion, and the costs and disbursements of this appeal, and, as so modified, affirmed. Settle order on notice.  