
    Charles L. Rathborne, Respondent, v. Edward Hatch, Appellant.
    Judgment affirmed, with costs.— Appeal by the defendant from au interlocutory judgment sustaining the plaintiff's demurrer to defendant’s counterclaim.—
   Per Curiam:

The question of the sufficiency of the complaint was not raised at Special Term, and was not, therefore, passed upon. We have, however, examined the complaint and think it states a good cause of action. It is not contended by the appellant that t-he decision of the Special Term holding.the counterclaim to be bad is erroneous, and it, therefore, follows that the judgment should be affirmed, with costs. Present—Van Brunt, P. J., O’Brien, Ingraham, McLaughlin and Hatch, JJ.  