
    UNION TRUST CO. v. FINUCANE.
    (Supreme Court, Appellate Division, Fourth Department.
    March 4, 1908.)
    Appeal from Special Term, Monroe County.
    Action by the Union Trust Company against Thomas R. Finucane. From an interlocutory judgment sustaining a demurrer to the complaint, plaintiff appeals. Reversed, and demurrer overruled, with leave to defendant to plead over.
    Argued before McLENNAN, P. J., and SPRING, WILLIAMS, KRUSE, and ROBSON, JJ.
   PER CURIAM.

Interlocutory judgment reversed, with costs and demurrer overruled, with costs, with leave to defendant to plead over upon payment of the costs of the demurrer and of this appeal, upon the opinion of ROBSON, J., in the case of Union Trust Co. v. Sickels (decided at this term of court) 109 N. Y. Supp. 262.  