
    Winston Jones, as Assignee, etc., Resp’t, v. The Merchants’ National Bank of New York, App’lt.
    
      (Supreme Court, General Term, First Department,
    
    
      Filed January 10, 1890.)
    
    Appeal from order denying motion for new trial.
    
      John K Burrill, for app’lt; B. JSf. Harrison, for resp’t.
   Van Brunt, P. J.

In view of the disposition which has been made of the appeal from the judgment, it does not seem necessary to consider the appeal from the order above mentioned, and such, appeal will, therefore, be dismissed without costs.

Barrett and Daniels, JJ., concur.  