
    Colwell v. Garfield Nat. Bank.
    
      (Common Pleas of New York City and County,
    
    
      General Term.
    
    June 3, 1889.)
    Appeal from special term.
    Por opinion at special term, see 4 N. Y. Supp. 5. Defendant, having appealed, moves for a certificate on which it is proposed to prosecute a further appeal to the court of appeals, alleging that the questions involved are novel, -and should have the construction of that court.
    Argued before Larremore, C. J., and Allen and Bookstaver, JJ.
    
      Lawrence <fe Waehner, for appellant. W. B. Ellison, for respondent.
   Per Curiam.

As it is desirable to have the right of the receiver to maintain this action determined before the parties are put to the expense of a trial, the certificate asked for by the appellant will be granted.  