
    Albert J. Wheeler, as Receiver of the German Bank, Respondent, v. John A. Kessel, Appellant.
    
      Wheeler v. Kessel, 121 App. Div. 894, affirmed.
    (Argued December 13, 1907;
    decided January 7, 1908.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 15, 1907, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court in an action to recover on a promissory note.
    
      Paul J. Batt and V. PL. Biordcm for appellant.
    
      James O. Moore for respondent.
   Judgment affirmed, with costs ;• no opinion.

Concur : Cullen, Oh. J., Gray, Werner, Willard Bartlett and Hiscock,- JJ. Not voting: Edward T. Bartlett, J. Taking no part: Haight, J.  