
    LANCASTER, Respondent, v. FRENCH, Appellant.
    (Supreme Court, Appellate Division, First Department.
    December 21, 1900.)
    Action by Robert A. Lancaster against Amos T. French, as executor of Francis O. French, deceased. From a judgment for plaintiff on report of referee, defendant appeals.
    Affirmed.
    George W. Wickersham, for appellant.
    Robert L. Harrison, for respondent.
   O’BRIÉN, J.

The evidence produced upon the new trial does not essentially vary the questions considered and decided by this court in the former appeal. Lancaster v. French, 48 App. Div. 625, more fully repotted in 62 N. Y. Supp. 623. We think, therefore, that the decision then rendered is controlling, and that the judgment should be affirmed, with costs. All concur, except McLAUGHLIN, j., who dissents.  