Majority
p. 619The German-American Investment Company, Appellant, v. W. J. Hayes and Others, Respondents.
Order affirmed, with ten dollars costs and disbursements.
The decision of the Special Term was authorized by the case of The William H. Sawyer Lumber Co. v. Bussell et al ( 31 N Y. Supp. 1107 ; S. C., 84 Hun, 114 ). The order should be affirmed, with ten dollars costs and disbursements.
Present — Van Brunt, P. J., O’Brien and Parker, JJ.