
    TIFFANY, Respondent, v. ELLIS, Appellant, et al.
    (Supreme Court, Appellate Division, Fourth Department.
    October 16, 1907.)
    Action by Henry C. Tiffany against John J. Ellis, impleaded with others.
   PER CURIAM.

Interlocutory judgment affirmed, with costs, with leave to the defendant to plead' over, upon payment of the costs of the demurrer and of this appeal.

WILLIAMS, J., dissents. ROBSON, J., not sitting.  