Majority
p. 922Lafayette Trust Company, Respondent, v. Richard J. Foster, Appellant.
•Order affirmed, with ten dollars costs and disbursements, oti the ground that if the breach of contract- pleaded is available as a defense the amount of damage -caused by it is immaterial, as no counterclaim is pleaded, Woodward, Jenks, Gaynor, Burr and Rich; JJ., concurred.