
    Metropolitan Trust Company of the City of New York, Appellant, v. Alice H. Truax, as Administratrix of the Estate of Chauncey S. Truax, Deceased, Respondent.
    Reported below, 154 App. Div. 442.
    (Argued February 24, 1913;
    decided March 4, 1913.)
    Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 10, 1913, reversing a judgment in favor of plaintiff entered upon a verdict directed by the court and granting a new trial in an action to recover upon an alleged contract of guaranty.
    The motion was made upon the ground that the Court of Appeals had no jurisdiction to entertain the appeal.
    
      Lloyd Paul Stryker for motion.
    
      Edward C. Sperry opposed.
   Motion denied, with ten dollars costs.  