
    The Mercantile National Bank of the City of New York, Respondent, v. Henry B. Sire, Appellant.
    (Argued April 22, 1907;
    decided May 7, 1907.)
    
      Mercantile Nat. Bank v. Sire, 111 App. Div. 923, affirmed.
    Appeal from a judgment of the.Appellate Division of the Supreme Court in the first judicial department, entered February 17, 1906, affirming a judgment in favor of plaintiff entered upon the report of a referee in an action to recover on promissory notes.
    
      RrcmJclin Bien for appellant.
    
      Royall Yietor, William Y. Rowe and Albert S. Ridley for respondent. • •
   Judgment affirmed, with costs and $1,000 damages for delay, under subdivision 5 of section 3251 of the Code of Civil Procedure; no opinion.

Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, •Haight, Werner and Willard Bartlett, JJ. Absent: Hiscook, J.  