
    Oliver B. Whitney, App’lt, v. Lawrence E. Wardell, Resp’t.
   Herrick, J.

I think the judgment should be affirmed. There is nothing in the case to show that Whitney advanced any money, gave credit, or ac-copied the note upon which the action is brought, in reliance upon the statement that Wardell was a member of the firm of W. J. Caywood & Co., or was in any way misled by any “ holding out” by Wardell that lie was a member of such firm. Lawrence v. Brown, 5 N. Y. 394; Poillon v. Secor, 61 id. 456; Pringle v. Leverich, 48 N. Y. Super. Ct. 90; Du Bois v. Lamson, 18 Wkly. Dig. 490; Vibbard v. Roderick, 51 Barb. 616; Irvin v. Conklin, 36 id. 64. Judgment should be affirmed, with costs. All concur.  