Majority
p. 787Ambrose J. McNamara, Appellant, v. Herbert S. Powell and Another, Respondents.
Order affirmed, with ten dollars costs and disbursements. All concur, except Thompson, J., who dissents and votes for reversal and a denial of the motion, and Lewis, J., not voting. (The order dismisses the complaint in an action in fraud based upon violation of a trust relation.) Present — Sears, P. J., Edgcomb, Thompson, Crosby and Lewis, JJ.