
    Jabez E. Van Orden, Respondent, v. Hugh MacRae, Appellant.
    
      Van Orden v. MacRae, 121 App. Div. 143, affirmed.
    (Argued October 16, 1908;
    decided November 10, 1908.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered July 12, 1907, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action to recover for labor performed and materials furnished.
    
      D. Cady Herrick and Percy S. Dudley for appellant.
    
      Timothy M. Griffing for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Haight, Werner, Willard Bartlett and Hisoook, JJ.  