
    Santiago Porcella, Appellant, v. Evermont H. Norton, Respondent.
    
      Poreella v. Norton, 187 App. Div. 940, affirmed.
    (Argued November 18, 1909;
    decided December 7, 1909.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered September 4, 1908, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover money alleged to have been paid through false and fraudulent representations.
    
      Henry G. K. Heath for appellant.
    
      Faneuil D. S. Bethune for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Oh. J., Gray, Edward T. Bartlett, Haight, Werner, Willard Bartlett and Chase, JJ.  