
    Gilbert L. Gardner, Respondent, v. William W. Pitcher, Defendant, and Joseph Nellis, as Administrator of the Estate of Wilbur F. Porter, Deceased, Appellant.
    
      Gardner v. Pitcher, 109 App. Div. 106, affirmed.
    (Argued April 5, 1906;
    decided May 1, 1906.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 24, 1905, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial in an action to recover on a promissory note.
    
      Joseph Nellis for appellant.
    
      I. R. Breen for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Werner and Chase, JJ. Absent: O’Brien, J. Not sitting : Hiscock, J.  