
    Helen M. Smith, Respondent, v. George Brooks, Appellant, and Second National Bank of Cooperstown et al., Respondents.
    
      Smith v. Brooks, 116 App. Div. 920, affirmed.
    (Argued February 21, 1908;
    decided March 10, 1908.)
    Appeal from a judgment of the Appellate Division,of the Supreme Court in the third judicial department, entered December 18, 1906, affirming a judgment in favor of plaintiff and against the defendant, appellant, entered upon a decision of the court on trial at Special Term in an action to recover moneys alleged to have been fraudulently obtained.
    
      A. R. Gibbs for appellant.
    
      Lynn J. Arnold for plaintiff, respondent.
    
      James W. Barnum for defendants, respondents.
   Judgment affirmed, with costs ; no opinion.

. Concur: Cullen, Oh. J., Gray, Haight, Vann, Werner, Willard Bartlett and Chase, JJ.  