
    Charles Cooper, Appellant, v. Henry B. Payne, Respondent.
    
      Cooper v. Payne, 111 App. Div. 785, affirmed.
    (Argued October 29, 1907;
    decided November 19, 1907.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 21, 1906, affirming a judgment in favor of defendant entered upon a decision of the court at a Trial Term, a jury having been waived, in an action to recover on a promissory note.
    
      Andrew J. Nellis and J. 8. Bitterly for appellant.
    
      Henry V. Borst for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cdllen, Ch; J., Gray, O’Brien, Werner, Willard Bartlett and Chase, JJ. Absent: Vann, J.  