Majority
p. 896John P. Brogan and Another, Respondents, v. Warren R. Wallace & Co., Inc., and Others, Appellants.
Motion for reargument denied, with ten dollars costs. The facts stated in the complaint and the demand made show that the action is in the nature of one for moneys had and received, as stated in our opinion herein [ante, p. 388], not the inconsistent action for damages for deceit.