
    ■ William M. Cavanaugh, Appellant, v. Alfred Brumme, Respondent.
    
      Cavanaugh v. Brumme, 124 App. Div. 921, affirmed.
    (Argued November 16, 1909;
    decided November 80, 1909.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 11, 1908, affirming a judgment in favor of defendant entered upon a verdict and an order denying a motion for a new trial in an action to recover money alleged to have been paid by plaintiff to defendant’s use in accordance with the import of an alleged written instrument.
    
      Patrick II. Loftus and Frederick Stewart for appellant.
    
      John F. Brush for respondent.
   Judgment affirmed, with costs; no opinion.

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