
    HOLMES, Respondent, v. HEMSTREET, Appellant.
    (Supreme Court, Appellate Division, Third Department.
    June 29, 1910.)
    Action by Clara Holmes against Alfred Hem-street.
   PER CURIAM.

Judgment and order reversed, as against the weight of evidence, and new trial granted, with costs to appellant to abide event. See, also, 134 App. Div. 989, 119 N. Y. Supp. 1129.

SMITH, P. J., and COCHRANE, J., dissent.  