
    (November 11, 1936.)
    Frederick Unger, as Executor, etc., of Albert Unger, Deceased, Respondent, v. George Meisenzahl, Eugene E. Meisenzahl, Appellants, and Another, Defendant.
   Judgment affirmed, with costs. Memorandum: Regardless of the question whether or not Hess would have been a competent witness had he been released from any possible liability to Meisenzahl, there is no competent proof of such release. (See Ward v. N. Y. Life Ins. Co. 225 N. Y. 314, at p. 321.) All concur. (The judgment is for plaintiff in an action by assignee to recover on a bond and mortgage.) Present — Sears, P. J., Edgcomb, Thojnpson, Crosby and Lewis, JJ.  