
    WILEY et al., Respondents, v. SMITH, Appellant.
    (Supreme Court, Appellate Division, Second Department.
    April 22, 1910.)
    Action by Milnor Wiley and another against George M. Smith.
   PER CURIAM.

Judgment of the Municipal Court reversed, and new trial ordered, costs to abide the event, on the ground that it does not appear that the promise of the defendant to divide the commissions with the plaintiffs had any consideration.

THOMAS, J., dissents.  