Majority
p. 1135Clara MEHRENLENDER, respondent, v. The INDEPENDENT ORDER FREE SONS OF JUDAH, appellant. (Supreme Court, Appellate Division, Second Department. January 21, 1916.)
Judgment and order affirmed, with costs. The assigned error as to the variance between pleading and proof is not presented by a valid exception; the assigned error as to the competency of the witness Henschken, if error, is not prejudicial. It is immaterial what deceased said, if he was illegally suspended. Jenks, P. J., and Thomas, Stapleton, Rich, and Putnam, JJ., concur.