
    Elliott J. Smith, Appellant, v. William Nicoll, Respondent.
    (Argued January 31, 1899;
    decided February 28, 1899.)
    Appeal from a judgment and order of the late General Term of the Supreme Court in the second judicial department, entered in December, 1895, affirming a judgment in favor of defendant entered upon a dismissal of the complaint on trial at Circuit.
    
      Smith v. Nicoll, 91 Hun, 173, affirmed.
    
      George H. Bruce for appellant.
    
      Timothy M. Grijfmg for respondent.
   Judgment and order affirmed, with costs, on opinion below.

All concur.  