
    PLUNKETT, Appellant, v. RUBENSTEIN, Respondent.
    (Supreme Court, Appellate Division, Fourth Department.
    December 7, 1906.)
    Action by Peter' Plunkett against Abraham Rubenstein.
   PER CURIAM.

Judgment and order affirmed, with costs.

McLENNAN, P. J., and WILLIAMS, J., dissent, on the ground that the case should have been submitted to the jury.  