
    ROBERT MILLER, Appellant, v. BERKELEY MOSTYN, Impleaded with ANDREW COATES, Respondent.
    Appeal from an order of the Special Term, sustaining a demurrer to the complaint, interposed by the defendant Mostyn.
    “ The complaint fails to set out any tangible fact giving the plaintiff a cause of action against the defendant Mostyn, and the order of the Special Term sustaining the demurrer should be affirmed.”
    
      Henry S. Bennett, for the appellant.
    
      James Emott and James M. Varnum, for the respondent.
   Opinion by Tappen, J.

Present — Barnard, P. J., Talcott and Tappen, JJ.

Order of Special Term affirmed.  