
    LAFAYETTE TRUST CO., Respondent, v. FOSTER, Appellant.
    (Supreme Court, Appellate Division, Second Department.
    June 4, 1909.)
    Action by the Lafayette Trust Company against Richard J. Foster.
   No opinion. Order affirmed, with $10 costs and disbursements, on the ground that, if the breach of contract pleaded is available as a defense, the amount of damage caused by it is immaterial, as no counterclaim is pleaded.  