
    John W. Simpson and Others, Respondents, v. Metropolitan Trust Company of the City of New York, as Administrator, etc., Appellant.
    Appeal from a judgment of the Supreme Court, entered in the New York county clerk’s office on the 13th day of January, 1915, upon a directed verdict, and also from an order, entered on the 9th day of February, 1915, denying amotion for a new trial.
   Judgment and order affirmed, with costs. Ho opinion. Present — Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ.; McLaughlin, J., dissented.

McLaughlin, J. (dissenting):

I am unable to concur with the other members of the court that the judgment and order appealed from should be affirmed. Upon the facts presented to the trial court I think it should have permitted the defendant to have amended its answer by setting up the plea of payment. I, therefore, vote to reverse the judgment and order and grant a new trial, with permission to the defendant to apply at Special Term for leave to amend its answer by setting up the plea of payment of the note sued on.  