
    Charles Bayer et al., Appellants, v. Frank Lugar, Respondent.
    
      Bayer v. Lugar, 106 App. Div. 532, affirmed.
    (Argued October 22, 1906;
    decided November 13, 1906.)
    Appeal from a judgment entered July 22, 1905, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which overruled plaintiffs’ exceptions, ordered to be heard in the first instance by the Appellate Division, denied a motion for a new trial and directed a dismissal of the complaint in an action to recover a sum alleged to be due upon a contract of guaranty.
    
      Jodb IL. Banton for appellants.
    
      Samuel F. Jacobs and Abraham L. Jacobs for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Edward T. Bartlett, Werner and Willard Bartlett, JJ. Dissenting: Hiscock and Chase, JJ, Absent: Gray, J.  