
    Robert L. McElroy, Respondent, v. Albert Goldstein, Appellant.
    
      McElroy v. Goldstein, 160 App. Div. 887, affirmed.
    (Submitted March 14, 1916;
    decided April 11, 1916.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 6, 1914, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court in an action to recover upon a promissory note. The defense alleged a conditional delivery and a failure of consideration.
    
      Isidore Siegeltuch for appellant.
    
      Martin Conboy, Philip S. Hill and Charles G. Signor for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Willard Bartlett, Ch. J., Hiscook, Chase, Collin, Hogan, Oardozo and Seabury, JJ.  