Judgment and order affirmed, with costs, on opinion below5.
All concur, except Parker, Ch. J., and Bartlett, J., not sitting.
(Argued October 5, 1899;
decided October 24, 1899.)
Sands v. Miner, 16 App. Div. 347, affirmed.
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 26, 1897, upon an order affirming a judgment in favor of plaintiff entered upon the report of a referee.
Nathaniel Cohen and Howe & Hummel for appellant.
Frank Barker for respondent.
Judgment and order affirmed, with costs, on opinion below5.
All concur, except Parker, Ch. J., and Bartlett, J., not sitting.
160 N.Y. 693
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