
    CHOATE, Appellant, v. BEEBE, Respondent.
    (Supreme Court, Appellate Division, Fourth Department.
    January 12, 1910.)
    Action by Rufus M. Choate against George S. Beebe.
   PER CURIAM.

Order (131 App. Div. 535, 115 N. Y. Supp. 1025) modified, by imposing as a condition of the new trial that the defendant pay to the plaintiff the trial fee and the disbursements on the trial, to be taxed by the clerk, and also $10 motion costs, all to be paid within 10 days after notice of the taxing of the disbursements, and; as so modified, affirmed, without costs of this appeal to either party.  