Majority
p. 870Madden, Resp’t, v. Equitable Life Assur. Soc. of United States, App’lts.
Oharles O. Berning, for app’lt; Samuel Wyman Smith, for resp’t.
No opinion. Affirmed, on opinion below with costs, with leave to defendant to answer within twenty days after service of a copy of the order entered upon the remittitur. Ordered accordingly. All concur. Aff’g 66 St. Rep. 79 .