
    Thomas A. Cutts, Appellant, v. William B. Guild, Respondent.
    (Argued June 13, 1877;
    decided June 22, 1877.)
    This case is reported, upon a former appeal, in 53 N. Y., 229. The court here held that the case, as now presented, was substantially the same, and that it is res adjudicata.
    
    
      Nathaniel C. Moak, for appellant.
    
      E. N. Taft, for respondent.
   Allen, J.,

reads for affirmance.

•All concur, except Folger and Andrews, JJ., not voting; Miller, J., absent.

Judgment affirmed.  