
    Harry P. Whitaker, Respondent, v. Jenny K. Stafford, Appellant.
    (Argued May 8, 1907;
    decided May 28, 1907.)
    
      Whitaker v. Stafford, 114 App. Div. 900, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 22, 1906, affirming a judgment in favor of plaintiff entered upon the report of a referee in an action by a surviving partner to recover from the residuary legatee of his deceased partner money paid by him upon a partnership debt.
    
      John L. Rom,er for appellant.
    
      Frank Brundage for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Gray, O’Brier, Yarn, Werrer, Willard Bartlett and Chase, JJ. Absent: Culler, Ch. J.  