
    John R. Thomas, Respondent, v. Louis P. Rogers, Appellant.
    (Argued March 13, 1890;
    decided April 15, 1890.)
    Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made at the March term, 1887, which modified, and affirmed as modified, a judgment in favor of plaintiff entered upon the report of a referee.
    
      Donald MoWanghton for appellant.
    
      James Break Perkins for respondent.
   Agree to affirm; no opinion.

All concur except Bradley and Haight, JJ., not sitting.

Judgment affirmed.  