
    Homer Knapp, Appellant, v. Leo J. Hall, Respondent.
    "Reported below, 70 Hun, 17.
    (Argued October 15, 1895;
    decided October 29, 1895.)
    Appeal from order of the General Term of the Supreme "Court in the fifth judicial department, made June 23, 1893, which reversed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term, and granted -a new trial.
    
      Hathcmiel Foote for appellant.
    
      ’Theodore Bacon for respondent.
   'Order affirmed, and judgment absolute ordered for the -defendant on the stipulation, with costs in all courts; no -opinion.

All concur, except Baetlett, J., dissenting and Haight, . J,, .not sitting.  