
    MIDLAND R. TERMINAL CO., Respondent, v. NEW YORK HERALD CO., Appellant.
    (Supreme Court, Appellate Division, Second Department.
    September 10, 1912.)
    Action by the Midland Railroad Terminal Company against the New York Herald Company.
   PER CURIAM.

Interlocutory judgment affirmed, with costs, with the right to defendant to answer upon the merits, upon payment of the costs included in said judgment and of this appeal within 10 days after service of a copy of the order of affirmance and notice of entry thereof.  