
    Nellie A. G. Vought, Respondent, v. Eastern Building and Loan Association of Syracuse, Appellant.
    
      Yought y. Eastern Bldg. & Loan Assn., 85 App. Div. 624, affirmed.
    (Argued December 16, 1903;
    decided January 5, 1904.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 20, 1903, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury.
    
      William Hepburn Russell,, William Beverly Wi/nslow and Daniel A. Pierce for appellant.
    
      Charles 8. Kent for respondent..
   Judgment affirmed, with costs, on authority of same case in 172 N. Y. 508.

Concur: Gray, Bartlettj Martin, Yann and Werner, JJ. Not voting: Parker, Ch. J. Absent: Haight, J.  