Judgment affirmed, with costs, on authority of same case in 172 N. Y. 508.
Concur: Gray, Bartlettj Martin, Yann and Werner, JJ. Not voting: Parker, Ch. J. Absent: Haight, J.
Yought y. Eastern Bldg. & Loan Assn., 85 App. Div. 624, affirmed.
(Argued December 16, 1903;
decided January 5, 1904.)
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 20, 1903, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury.
William Hepburn Russell,, William Beverly Wi/nslow and Daniel A. Pierce for appellant.
Charles 8. Kent for respondent..
Judgment affirmed, with costs, on authority of same case in 172 N. Y. 508.
Concur: Gray, Bartlettj Martin, Yann and Werner, JJ. Not voting: Parker, Ch. J. Absent: Haight, J.
177 N.Y. 550
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