
    Cornelius J. Earley, Appellant, v. Catherine Whitney, as Executrix of David L. Whitney, Respondent, Impleaded with Another.
    
      Earley v. Whitney, 74 App. Div. 630, affirmed.
    (Submitted January 13, 1905;
    decided January 31, 1905.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 18, 1903, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term.
    
      Cornelius J. Earley and Thomas J. O’Neill for appellant.
    
      Morris H. Beall and Francis V. S. Oliver for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Oh. J., Gray, O’Brien, Bartlett, Haight, Yann and Werner, JJ.  