
    McCARGO, Respondent, v. JERGENS et al., Appellants.
    (Supreme Court, Appellate Division, First Department.
    December 24, 1909.)
    Action by Peyton R. McCargo against Andrew ■Tergens and another.
    R. S. Nieholls, for appellants.
    D. Cady Herrick, for respondent.
   PER CURIAM.

Judgment and order reversed, and new trial ordered, costs to appellants to abide event, unless plaintiff stipulates to deduct from judgment $2,000, with interest from January 1, 1908, in which event, judgment, as so reduced, and order, affirmed, without costs. Settle order on notice.  