Benjamin L. Ludington et al., as Substituted Trustees under the Will of Robert Barkley, Deceased, Respondents, v. The Mercantile National Bank of the City of New York et al., Appellants

Benjamin L. Ludington et al., as Substituted Trustees under the Will of Robert Barkley, Deceased, Respondents, v. The Mercantile National Bank of the City of New York et al., Appellants. (Argued May 30, 1905; decided June 13, 1905.) Ludington v. Mercantile Nat. Bank, 102 App. Div. 251, affirmed. .Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered March 8, 1905, which reversed a judgment of Special Term sustaining a demurrer to the complaint and overruled such demurrer. The following is the question certified: “Does the complaint in this action state a cause of action ? ” William V. Rowe, E. H. Sykes and William J. Curtis for appellants. Henry G. K. Heath for respondents. [MAJORITY] Order affirmed, with costs, on opinion below, and question certified answered in the affirmative. Concur: Cullen, Ch. J., Gbay, O’Bbien, Babtlett, Haight, Vann and Webneb, JJ.