
    Kendrick Taylor, Respondent, v. John W. Barnett, as Executor of Betsey A. Barnard, Deceased, et al., Appellants.
    
      Taylor v. Barnett, 117 App. Div. 917, affirmed.
    (Argued January 11, 1909;
    decided January 26, 1909.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 24, 1907, affirming a judgment in favor of plaintiff entered upon the report of a referee in an action for services alleged to have been rendered a decedent.
    
      E. W. Cregg, F. J. Cregg and E. N. Wells for appellants.
    
      Lorenzo D. Tyler for respondent.
   Judgment affirmed, with costs, on the ground that there is some evidence of non-payment, the question of the burden of proof as to payment not being passed upon; no opinion.

Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Haight, Yann, Werner and Hiscock, JJ.  