
    William L. Andrews, Respondent, v. Richard W. G. Welling, as Assignee, etc., Appellant, et al., Respondents.
    
      Andrews v. Welling, 84 Hun, 40, affirmed.
    (Argued March 8, 1897;
    decided March 23, 1897.)
    Appeal from an order of the General Term of the Supreme Court in the first judicial department, entered January 25, 1895, which reversed a judgment in favor of defendant entered upon the report of a referee and granted a new trial.
    
      John L. Wilkie and Everett V. Abbot for appellant.
    
      Alfred J. Taylor for respondent.
   Order affirmed and judgment absolute ordered for the plaintiff on the stipulation, with costs.

All concur, except Gray, J., not voting.  