Majority
p. 930Lemma Holmes-Smith and the Bankers Trust Company, as Trustee under an Agreement between Carl Holmes and Lemma Holmes, Dated the 14th Day of March, 1935, Respondents, v. Carl Holmes, Appellant.
Order unanimously reversed, without costs of this appeal, and the motion granted, on payment by defendants of twenty-five dollars costs. Costs to be paid and amended answer served within two days after the date of decision. Amendment to be without prejudice to proceedings already had or position of case on calendar. No opinion. Settle order on notice. Present — Martin, P. J., O’Malley, "Townley, Glennon and Dore, JJ.