
    Thomas Kirkwood, Appellant, v. Harry M. Smith, Respondent, Impleaded with Another.
    
      Kirkwood v. Smith, 83 App. Div. 411, affirmed.
    (Submitted March 33, 1904;
    decided April 5, 1904.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 28,1903, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term.
    
      Edward J. Mo Crossin for appellant.
    
      Charles He Hart Brower and William Tí. Hill for respondent.
   Judgment affirmed, with costs ; no opinion.

Concur: Parker, Ch. J., Gray, O’Brien, BartlettHaight, Martin and Cullen, JJ.  