
    O’KEEFE, Appellant, v. HINSDALE, Respondent.
    (Supreme Court Appellate Division, Fourth Department.
    May 3, 1905.)
    Action by Frank D. O’Keefe against Ira C. Hinsdale.
   PER CURIAM.

Judgment and order affirmed, with costs.

HISCOCK, J.,

dissents, on the ground that upon the evidence a question of fact was presented as to the item of $110 paid by plaintiff for real estate, which should have been submitted to the jury.  