Majority
p. 640Importers and Traders’ Bank v. William H. Peters, as Receiver, etc., Appellant, Everett Brothers, Gibson & Co., Respondents.
If the respondents will stipulate to modify judgment as directed in opinion, the judgment as modified will be affirmed, without costs; otherwise the judgment will be reversed and a new trial ordered, with costs to appellant to abide event. Opinion by Van Brunt, P. J.