
    RISLEY, Appellant, v. EISWALD, Respondent.
    (Supreme Court, Appellate Division, Fourth Department.
    March 17, 1909.)
    Action by Adelbert W. Risley against George H. Eiswald.
   PER CURIAM.

Judgment reversed, and new trial ordered, with costs to appellant to abide event. Held, that the evidence presented a question of fact for the jury as to the defendant’s fraud.

KRUSE and ROBSON, JJ., dissent.  