
    LEWIS, Respondent, v. HIRSCHBERG, Appellant.
    (Supreme Court, Appellate Division, Second Department.
    October 6, 1905.)
    Action by Emanuel Lewis against Jacob Hirschberg.
   PER CURIAM.

We do not think that the plaintiff’s case was established by a fair preponderance of evidence. Judgment and order reversed, and new trial granted, upon the payment by the appellant, within 20 days, of the costs of the trial and all disbursements in the action to date, together with the costs of this appeal. If this condition is not complied with, judgment and order affirmed, with costs.  