
    David Kahnwieler, Respondent, v. Andrew J. Smith, Executor, etc., Appellant.
    (Submitted December 10, 1888;
    decided December 21, 1888.)
    Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of New York, entered upon an order made February Y, 188Y, which modified a judgment in favor of plaintiff by excluding therefrom the costs of the trial, and affirmed the judgment thus modified.
    
      Butler, Stillman db Subbard for appellant.
    
      George S. Yeaman and George F. Murray for respondent.
   Agree to affirm; no opinion.

All concur.

Judgment affirmed.  