
    The Alden Speare’s Sons Company, Appellant, v. Stewart C. Alger, Respondent.
    
      Speare’s Sons Co. v. Alger, 103 App. Div. 597, affirmed.
    (Argued May 18, 1906;
    decided June 5, 1906.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 5, 1905, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and an order denying a motion for a new trial in an action to recover damages alleged to have been caused plaintiff through false representations made by defendant.
    
      William E. Warland for appellant.
    
      George Lawyer for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch J., Edward T. Bartlett, Haight and Chase, JJ. Absent: Gray and O’Brien, JJ. Dissenting : Hiscock, J.  