
    LEWIS C. VERNOL, Appellant, v. THOMAS VERNOL, Respondent.
    Appeal- from a judgment in favor of the defendant, entered upon the trial of this action by the court without a jury.
    The General Term held that evidence did not sustain the allegations of the complaint, and affirmed the judgment of the court below dismissing it.
    
      
      John Miller, for the appellant.
    
      Cassedy & Brown, for the respondent.
   Opinion by Tappen, J.

Present — Barnard, P. J., Tappen and. Talcott, JJ.

Barnard, P. J., dissented.

Judgment affirmed, with costs.  