
    KIRBY v. MONTGOMERY BROS. & CO.
    (Supreme Court, Appellate Division, Fourth Department.
    May 20, 1908.)
    Action by John Kirby against Montgomery Bros. & Co.
   PER CURIAM.

Plaintiff’s exceptions overruled, motion for new trial' denied, and judgment directed for defendant upon the nonsuit, with costs.

SPRING and KRUSE, JJ., dissent.  