Majority
p. 833August Beygen, Appellant, v. Rochester Savings Bank, Respondent. (Action No. 3.)
Judgment and orders affirmed, with ten dollars costs payable out of the fund in the possession of the defendant. AH concur, except Thompson, J., not voting. (The judgment is entered upon an order dismissing the complaint upon the ground of another action pending and the amended order directs filing of an affidavit in an action to recover a deposit.) Present —■ Sears, P. J., Edgcomb, Thompson, Lewis and Cunningham, JJ,