Order and interlocutory judgment reversed- and judgment ordered for defendants on the demurrer, with costs in all courts, with leave to plaintiff to serve an amended complaint within twenty days on payment of costs. Question certified answered in the negative on the dissenting opinion of Ingraham, J., below.

Concur: Cullen, Oh. J., Gray, Werner, Willard Bartlett and Hiscook, JJ. Dissenting: Haight and Chase, JJ.