
    Milton A. Curtiss, Respondent, v. Byron Curtiss, as Executor of Justus Curtiss, Deceased, Appellant.
    
      Curtiss v. Curtiss, 160 App. Div. 914, affirmed.
    (Argued May 9, 1916;
    decided May 23, 1916.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 15, 1914, affirming a judgment in favor of plaintiff entered upon the report of a referee in an action to recover on a promissory note reading as follows; “ $5000.00 Oswego, N. Y., June 27, 1901.
    “For value received and other considerations, I promise to pay my nephew, Milton A. Curtiss, or his heirs, eight years after date or at the death of my wife Marjorie A. Curtiss, Five Thousand Dollars ($5000.00), with use. Interest due and payable when the note is paid.
    “(Signed) J. CURTISS.”
    The defense was lack of consideration.
    
      John L. Mournighan, Merrick Stowell and Ezra A. Barnes for appellant.
    
      Leroy B. Williams for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Willard Bartlett, Ch. J., His cook, Collin, Ouddeback, Hogan, Seabury and Pound, JJ.  