
    Corneliuett Smith, as Executrix of Harlan P. Smith, Deceased, Appellant, v. David Proskey, Respondent.
    
      Smith v. Proskey, 82 App. Div 19, reversed.
    (Argued November 23, 1903;
    decided December 8, 1903.)
    Appeal from an. order of the Appellate Division of the Supreme Court in the first judicial department, entered April 14, 1903, which reversed a judgment of Special Term sustaining a demurrer to the answer and directed that the complaint be dismissed.
    
      Henry B. Clossón for appellant.
    
      Abram I. Flkus, James G. MeFaehen and Joseph M. Proskaxier for respondent.
   Order reversed, and judgment of Special Term affirmed, with costs in all courts, upon opinion of Patterson, J., below.

Concur: Parker, Oh. J., Gray, O’Brien and Martin, JJ., Dissenting: Haight, Yann and Werner, JJ  