
    Huggins Lumber Company, Appellant, v. Homer J. Phelps, Defendant, and Earl L. Miller, Respondent.
    
      Huggins Lumber Co. v. Phelps, 173 App. Div. 917, affirmed.
    (Submitted January 21, 1919;
    decided February 7, 1919.)
    Appeal from a judgment entered March 28, 1916, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, which reversed ail order of the court at a Trial Term setting aside a verdict in favor of defendant, respondent, and granting a new trial and directed the reinstatement of said verdict. The action was to recover a deficiency arising upon the foreclosure of a chattel mortgage. The defense was that the defendant, respondent, had been released by the plaintiff from all liability under the mortgage.
    
      Claude E. Guile for appellant.
    
      Albert T. Jennings for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Chase, Collin, Cuddeback, Hogan, McLaughlin and Crane, JJ.  