Majority
p. 915The Bank of America National Association, Appellant, v. Ira Haupt and Others, Respondents, and The National Surety Company, Appellant.
Judgment so far as appealed from modified by providing that the dismissal of the plaintiff’s complaint against the defendants Ira Haupt, Lloyd P. Phillips and Harold S. Stonehill, copartners, etc., is for failure of proof and not upon the merits, and as so modified affirmed, with costs to the defendants, respondents, against the plaintiff. No opinion. Present — Finch, P. J., Martin, O’Malley, Townley and Glennon, JJ.