
    CHISM et al. v. SMITH.
    (Supreme Court, Appellate Division, Third Department.
    September 21, 1910.)
    Action by John D. Chism, Jr., and another against Sheldon D. Smith. .
   PER CURIAM.

Order amended, by striking out the provision that the judgment is reversed and a new trial granted, and inserting-in place thereof: “Judgment so far as appealed from by the plaintiff's affirmed, and so far as appealed from by the defendant reversed, and a new trial granted.” See, also, 138 App. Div. 715, 123 N. Y. Supp. 691.  