
    BURTON, Respondent, v. LEMAY, Appellant, et al.
    (Supreme Court, Appellate Division, Second Department.
    December 15, 1904.)
    Action by James IT. Burton against Eustace H. Lemay, impleaded with George S. Hoke.
   PER CURIAM.

Judgment and order reversed, and new trial granted, costs to abide the event, for the error in the admission of hearsay evidence to the effect that the failure of the enterprise was due to the appellant, Lemay, and not to the default of his associate.  