
    Arthur B. Butler, as Administrator with the Will Annexed of John J. Bryant, Deceased, Respondent, v. George H. Mifflin et al., Composing the Firm of Houghton, Mifflin and Company, Appellants.
    
      Butler v. Mifflin, 121 App. Div. 905, affirmed.
    (Argued January 17, 1908;
    decided January 31, 1908.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 8, 1907, affirming a judgment in favor of plaintiff •entered upon a verdict and an order denying a motion for a new trial in an action to recover money alleged to have been deposited by plaintiff’s testator in the defendants’ savings department.
    
      James J. Allen for appellants.
    
      Walter N. Gilpatric for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Haight, Werner, Willard Bartlett and Chase, JJ. Dissenting: Hiscook, J.  