
    Thomas R. Rutherford, as Assignee, etc., v. Auguste Schattman et al.
    (Argued December 5, 1889;
    decided December 20, 1889.)
    Cross-appeals from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday of J une, 1888, which modified, and affirmed as modified, a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term.
    
      J. F. Parkhurst for plaintiff.
    
      Randolph Sampter for defendants.
   Agree to affirm; no opinion.

All concur, except Ruger, Ch. J., dissenting.

Judgment affirmed.  