
    Michael E. Howatt, Appellant, v. William M. Barrett, as President of the Adams Express Company, Respondent.
    
      Howatt v. Barrett, 156 App. Div. 849, affirmed.
    (Submitted October 8, 1915;
    decided October 26, 1915.)
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered August 15, 1913, upon an order reversing a determination of the Appellate Term and affirming a judgment of the Municipal Court of the city of New York in favor of defendant in an action by a consignor of goods against an express company to recover for breach of contract in its failing to deliver the same to the consignee.
    
      Jacob Ansbacher and George A. Ferris for appellant.
    
      Fdwarcl V. Conwell and George W. Smyth for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Chase, Cuddeback, Hogan and Cardozo, JJ. Absent: Willard- Bartlett, Ch. J. Not sitting: Seabury, J.  