
    COX, Respondent, v. HAY, Appellant.
    (Supreme Court, Appellate Division, Second Department.
    November 19, 1909.)
    Action by John Cox against Joseph Hay.
   PER CURIAM.

The judgment of the Municipal Court is reversed, and a new trial ordered, costs to abide the event; it appearing to this court that the plaintiff did not establish his cause of action by that fair preponderance of evidence which the law requires.  