
    Walter Scott, Respondent, v. Charles G. Conn, Appellant.
    (Argued October 24, 1905;
    decided November 21, 1905.)
    
      Scott v. Conn, 93 App. Div. 612, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 12, 1904, affirming a judgment in favor of plaintiff entered upon the report of a referee.
    
      Edwin Countryman for appellant.
    
      Charles D. Ridgway, for respondent.
   Judgment affirmed, with costs ; no opinion.

Concur: Cullen, Ch. J., Gray, Bartlett, Haight, Vann and Werner, JJ. Absent: O’Brien, J.  