Appellate Division of the Supreme Court of the State of New York March 9, 1906 (Gause v. Commonwealth Trust Co.)

Ingraham, J.:

To the original complaint in this action the defendant demurred, which demurrer was sustained by this court (100 App. Div. 427). In pursuance of the leave granted the plaintiff amended the complaint, to which the defendant again demurred, which demurrer was overruled, and -the sufficiency of the amended complaint is now before us.