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American Surety Company of New York and Others v. Charles E. Fenner and Others, Individually and as Copartners Trading under the Firm Name and Style of Fenner & Beane, and Charles E. Fenner, Samuel Ungerleider and Others, Individually and as Copartners Trading under the Firm Name and Style of Fenner, Beane & Ungerleider
Order unanimously reversed, with twenty dollars costs and disbursements, and the motion denied, with leave to the defendants to answer within twenty days after service of a copy of the order, with notice of entry thereof, upon payment of said costs. (See Fur & Wool Trading Co., Ltd., v. Fox, Inc., 245 N. Y. 215; National City Bank of New York v. Waggoner, 230 App. Div. 88; affd., 255 N. Y. 527.) Present —■ Martin, P. J., O’Malley, Glennon, Untermyer and Dore, JJ.