
    BOYD, Respondent, v. UNITED STATES MORTGAGE & TRUST CO., Appellant.
    (Supreme Court, Appellate Division, First Department.
    December 8, 1905.)
    Appeal from Trial Term. Action by Julia S. Boyd against the-United States Mortgage & Trust Company. From a judgment for plaintiff, and from an order denying a motion for a new trial, defendant appeals.
    Affirmed.
    Theodore H. Lord, for appellant.
    Howard Taylor, for respondent.
   PER CURIAM.

The questions presented upon this appeal have been determined by this court upon a former appeal. 94 App. Div. 413, 88 N. Y. Supp. 289. The judgment is-therefore affirmed upon the prevailing opinion. Judgment and order affirmed, with costs.

INGRAHAM, J., dissents, upon his opinion, on the former appeal.  