
    William J. Madden, Respondent, v. The Equitable Life Assurance Society of the United States, Appellant.
    
    (Argued June 3, 1895;
    decided June 14, 1895.)
    Appeal from interlocutory judgment of the General Term of the Superior Court of the city of New York, entered upon an order made March 9, 1895, which affirmed an order of Special Term overruling a demurrer to the complaint.
    
      Oharles G. Demi/ng for appellant.
    
      Samuel Wymam Smith for respondent.
    
      
       Reported below, 11 Misc. Rep. 540.
    
   Agree to affirm on opinion below, with costs, with leave to defendant to answer within twenty days after service of a copy of the order entered upon the remittitur.

All concur.

Ordered accordingly.  