
    KELLY, Respondent, v. WYATT, Appellant.
    (Supreme Court, Appellate Division, Third Department.
    January 4, 1911.)
    Action by John Kelly against Anna M. Wyatt.
   PER CURIAM.

Judgment reversed, as ■against the weight of evidence, referee discharged, and new trial granted with costs to appellant to abide event.

HOUGHTON, J., dissents.  