
    (111 App. Div. 912)
    STERLING, Appellant, v. CHAPIN, Respondent.
    (Supreme Court, Appellate Division, First Department.
    January 19, 1906.)
    Appeal from judgment on Report of Referee. Action by John W. Sterling, as executor, etc., against Albert K. Chapin, individually, etc. Prom a judgment entered on the report of a referee, and from an order granting costs, both parties appeal.
    Affirmed.
    J. A. Garver, for plaintiff.
    L. L. Kellogg, for defendant.
   PER CURIAM.

The order appealed from should be affirmed, without costs; and upon the authority of Sterling v. Chapin, 102 App. Div. 589, 92 N. Y. Supp. 904, the judgment appealed from should also be affirmed, without costs.

LAUGIILIN, J., dissents, on his opinion on the previous appeal.  