
    THE AMERICAN NATIONAL BANK, Respondent, v. JOHN Z. WESTERVELT, Jr., Impleaded, etc., Appellant.
    Appeal from a judgment in favor of the plaintiff, entered upon the report of a referee.
    The only question presented by this appeal was whether or not the referee erred in rejecting a counter-claim set up by the defendant. The General Term held, that the evidence was not sufficient to establish the claim, and affirmed the report.
    
      Hayward & Crawford, for the appellant.
    
      Moody B. Smith, for the respondent.
   Opinion by

Daniels, J.

Davis, P. J., and Brady, J., concurred.

Judgment affirmed.  