
    William Dougherty, Respondent, v. Michael K. Neville, Appellant.
    
      Dougherty v. Neville, 108 App. Div. 89, affirmed.
    (Argued October 26, 1906;
    decided November 20, 1906.)
    AppEAL»from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered October 28, 1905, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial in an action to' rescind a contract on the ground of false representations.
    
      George IF". Steadman, James J. Maoklin and la Roy S. Gove for appellant.
    
      Walter W. Gill and Howa/rd Chipp for-respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Edward T. Bartlett, Werner, Willard Bartlett and IIiscock, JJ. Not sitting: Chase, J. Absent: Gray, J.  