Order so far as appealed from affirmed, with ten dollars costs and disbursements. No opinion. Present — Finch, McAvoy, Martin and O’Malley, JJ.; Finch, J., dissents and votes to reverse the order so far as appealed from and grant the motion to strike out the third defense. (See McMillan v. Arthur, 98 N. Y. 167; Minneapolis Trust Co. v. Mather, 181 id. 205.)