
    Charles E. Ball et al., as Surviving Partners of the Firm of Ball & Whicher, Appellants, v. Henry A. Ensign, as Surviving Partner of the Firm of E. D. Shepard & Company, Respondent.
    ■ Ball v. Ensign, 150 App. Div. 939, affirmed.
    (Argued March 6, 1914;
    decided March 24, 1914.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 11, 1912, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover moneys alleged to have been paid under a mistake of fact.
    
      
      H. Aaron for appellants.
    
      L. Laflin Kellogg and Alfred C. Petté for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Willard Bartlett, Oh. J., Werner, Hisoook, Chase, Collin and Hogan, JJ. Not sitting: Miller, J.  