Judgment reversed and demurrer sustained, with costs, on the authority of OBrien v. Fitzgerald (150 N. Y. 572), with leave to plaintiff to amend within twenty days, on payment of the costs of the demurrer and of the appeals; no opinion. All concur, except Haight, J.,- not sitting.
The Empire State Savings Bank of Buffalo, Respondent, v. Daniel C. Beard et al., Appellants
151 N.Y. 638
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