
    STAPLETON, Respondent, v. M. J. SAGE CO., Appellant.
    (Supreme Court, Appellate Term.
    November 14, 1906.)
    Appeal from Municipal Court, Borough of Manhattan, Eleventh District. Action by Tobias W. Stapleton against the M. J. Sage Company. From a judgment in favor of plaintiff, defendant appeals. Reversed, and new trial ordered. William H. Newman, for appellant. S. C. Sugar-man, for respondent.
   PER CURIAM.

There was no evidence that at the time of the commencement of the action Christian had earned any sum of money as salary from defendant. There was no evidence of notice to the defendant of the assignment. Judgment reversed, and new trial ordered, with costs to appellant to abide the event.

GILDERSLEEVE and DUGRO, JJ., concur. DOWLING, J., concurs in result.  