
    Donner v. Ogilvie et al.
    
      (Supreme Court, General Term, First Department.
    
    June 19, 1888.)
    Appeal from special term, New York county.
    Action by Charles Donner against Clinton Ogilvie and Ida M. Ingersoll, individually, and as executrix of William H. Ogilvie, deceased. Defendants appeal.
    Argued before Van Brunt, P. J., and Macohber and Bartlett, JJ.
    
      Alfred B. Cruikshank, for appellant. A. J. Bittenhoefer, for respondent.
   Per Curiam.

Judgment reversed, and judgment ordered for appellant on demurrer, with costs, and with leave to plaintiff to amend on usual terms, on opinion in Donner v. Ogilvie, 1 N. Y. Supp. 633, (decided herewith.)  