
    McELROY, Respondent, v. GOLDSTEIN, Appellant.
    (Supreme Court, Appellate Division, First Department.
    November 29, 1912.)
    Action by Robert L. McElroy against Albert Gold-stein.
    A. Van Wyck, of New York City, for appellant.
    M. Conboy, of New York City, for respondent.
   PER CURIAM.

Judgment modified, as stated in order, and, as modified, affirmed, with costs to plaintiff. Order filed. See, also, 151 App. Div. 936, 135 N. Y. Supp. 1125.

LAUGHLIN, J.,

dissents, on the ground that in his opinion there was a failure of consideration.  