
    Commercial Bank, Appellant, v. Irving E. Waters, Respondent.
    (Argued May 3, 1901;
    decided May 21, 1901.)
    
      Commercial Bank v. Waters, 45 App. Div. 441, affirmed.
    Appeal from an order of the' Appellate Division of the Supreme Court in the fourth judicial department, entered November 28, 1899, sustaining defendant’s exceptions ordered to be heard in the first instance by the Appellate Division and granting a motion for a new trial.
    
      Horace McGuire for appellant.
    
      Jeremiah J. Hurley for respondent.
   Order affirmed and judgment absolute ordered for defendant on the stipulation, with costs; no opinion.

Concur: Gray, Bartlett, Haight, Martin, Vann and Werner, JJ. Not voting: Parker, Oh. J.  