
    Bartholomew Dunn, Appellant, v. Maximilian Morgenthau, Respondent.
    
      ■Dunn v. Morgenthau, 73 App. Div. 147, affirmed.
    (Argued June 8, 1903;
    decided June 23, 1903.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered August 15, 1902, modifying and affirming as modified a judgment in favor of plaintiff entered upon the report of a referee.
    
      L. Laflin Kellogg and Alfred C. Pette for appellant.
    
      Samson Lachnan and Jesse W. Ehrich for respondent.
   Judgment affirmed, with costs, on opinion below.

Concur: Parker, Ch. J., Gray, O’Brien, Bartlett, Haight, Martin and Yann, JJ.  