
    Frederick Walter, Appellant, v. George B. McClellan et al., as Aqueduct Commissioners of the City of New York, et al., Respondents.
    
      Walter v. McClellan, 113 App. Div. 295, affirmed.
    (Argued October 21, 1907;
    decided November 19, 1907.)
    Appeal from, a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 16,1906, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term in a taxpayer’s action to restrain the execution and performance of a contract alleged to be illegal and ultra mres.
    
    
      John C. Wait for appellant.
    
      Chase Méllen and Frcmcis K. Pendleton, Corporation Counsel (Theodore Connoly of counsel), for respondents.
   Judgment affirmed, with costs; no dpinion.

Concur: Gray, O’Brien, Vann, Werner, Willard Bartlett and Chase, JJ. Not voting: Chllen, Ch. J.  