
    Joseph W. Pool, Appellant, v. Byron G. Bents, Respondent.
    
      Pool y. Bents, 119 App. Div. 919, affirmed.
    (Argued October 22, 1908;
    decided November 10, 1908.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 24, 1907, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover on contract.
    
      I. R. Breen for appellant.
    
      Delos M. Cosgrove and John Conboy for respondent.
   Judgment affirmed, with costs ; no opinion.

Concur : Cullen, Ch. J., Gray, Vann, Werner, Willard Bartlett, Hiscock and Chase, JJ.  