
    Appolonia Warth, as Executrix of Albion Warth, Deceased, Appellant, v. J. M. Mertens, Individually and as Surviving Partner of the Firms of Theo. Dissell & Co. and J. M. Mertens & Co., Respondent.
    
      Worth v. Mertens, 71 App. Div. 395, affirmed.
    (Argued. January 21, 1903;
    decided February 10, 1903.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in thk first judicial department, entered July 9, 1902, affirming a judgment in favor of defendant entered upon a verdict and an order denying a motion for a new trial.
    
      Rudolf Dulon and Edward S. Clinch for appellant.
    
      John Brooks Leavitt for respondent.
   Judgment affirmed, with costs ; no opinion.

Concur: Parker, Ch. J., Bartlett, Haight, Martin, Cullen and Webneb, JJ. Absent: O’Brien, J.  