
    MUTUAL LIFE INS. CO., Respondent, v. GRANNIS, Appellant.
    (Supreme Court, Appellate Division. First Department.
    December 11, 1908.)
    Action by the Mutual Life Insurance Company against Robert A. Grannis. C. J. Fay, for appellant. J. McKeen, for respondent.
   PER CURIAM.

.Judgment (60 Misc. Rep. 187, 112 N. Y. Supp. 1074) affirmed, with costs, with leave to defendant to withdraw demurrer and to answer on payment of costs. Order filed.

SCOTT, J., dissents.  