
    HERENDEEN, Appellant, v. WILSON et al., Respondents.
    (Supreme Court, Appellate Division, Fourth Department.
    January 23, 1914.)
    Action by James H. Herendeen, .as administrator, etc., of Charles W. Edgerton, deceased, against Benton H. Wilson and others.
   PER CURIAM.

Interlocutory judgment (82 Misc. Rep. 290, 143 N. Y. Supp. 669) modified, by striking out the words “upon the merits,” and, as so modified, affirmed, with costs, with leave to the plaintiff to plead over within 20 days, upon payment of the costs of the demurrer and of this appeal.

MERRILL, J., dissents.  