
    Mason v. Wells.
    
      Joinder of parties — nonjoinder may be set wp in answer.
    
    The non-joinder of a person jointly liable with a defendant in an action may be set up in an answer, and if then established, is a perfect defense. Wooster v. Chamberlain, 28 Barb. 602; Scout v. Tuttle, 14 N. Y. 468.
    Appeal by plaintiff from a judgment dismissing the complaint entered upon the report of a referee.
    The action was brought by Amanda T. Mason against Austin L. Wells, to recover damages for a neglect to keep in life certain policies of insurance on plaintiff’s house.
    
      H. C. Kingsbury, for appellant.
    
      C. D. Murray, for respondent.
   E. Darwin Smith, J.

The head-note states the only point passed upon in the opinion.

Judgment affirmed.  