Majority
p. 833August Beygen, Appellant, v. Rochester Savings Bank, Respondent. (Action No. 2.)
Judgment and orders affirmed, with ten dollars costs payable out of the fund in the possession of the defendant. All concur, except Thompson, J., not voting. (The judgment is entered upon orders dismissing the complaint on the ground of another action pending in an action to recover a deposit.) Present — Sears, P. J., Edgcomb, Thompson, Lewis and Cunningham, JJ.