
    Thomas J. Hayward, as Surviving Partner of the Firm of Bartlett, Hayward and Company, Appellant, v. Empire State Sugar Company, Defendant, and Olando F. Thomas, Respondent.
    
      Hayward v. Empire State Sugar Go., 105 App. Div. 21, affirmed.
    (Argued February 25, 1908;
    decided March 10, 1908.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 10, 1905, affirming a judgment in favor of defendant, respondent, entered upon a dismissal of the complaint by the court at a Trial Term without a jury in an action to recover upon a promissory note.
    
      E. W. Hamm for appellant.
    
      Charles T. Ennis for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., G-ray, Haight, Vann, Werner and Chase, JJ. Not sitting: Hiscock, J.  