Majority
p. 559De Lancey Nicoll, as receiver, v. John J. Spowers, Jr. Decided May 26, 1885.
Headnote
Plaintiff’s exception to dismissal of complaint ordered to be heard in the first instance ' at general term.Eugene H. Lewis, for plaintiff. P. Q. Eckerson, for the defendant.
This case presents the same question as, and was argued and decided with Pancoast v. Spowers (ante, p. 523). The plaintiff’s, exception is overruled, and judgment is ordered for the defendant, with costs.