in 17 N. W. Y55, and on rehearing in 22' N. W. 664, arrived at tbe opposite conclusion. These cases, while involving much tbe same question, turned principally upon statutes of tbe respective states, and are of little value in tbe determination of tbe question bere.
Under tbe view we have taken of tbe 'case, it follows that tbe complaint did not state a cause of action, and that tbe demurrer should have been sustained. Other errors are complained of, but we tbink tbe rulings of tbe trial court were correct, and a review of them bere would avail nothing.
Tbe judgment will be reversed, and tbe cause remanded, with instructions to tbe lower court to sustain tbe demurrer to tbe complaint, with leave to respondents to amend.
Beavis, O. J., and Eullertoh, Aktders, Hadley and White, JJ., concur.