
    The National Harrow Company, Appellant, v. E. Bement & Sons, Respondents.
    Reported below, 31 App. Div. 390.
    (Argued February 28, 1898;
    decided March 8, 1898.)
    Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered September 22, 1897, reversing a judgment in favor of plaintiff entered upon the report of a referee and granting a new trial.
    
      The motion was made upon the ground that the appellant has waived its right to appieal, it being alleged that it has taken affirmative action or has accepted a benefit under the order or judgment appealed from.
    
      Goohmham, Sherman dé Martin for motion.
    
      Risley dé Love opposed.
   Motion denied, with ten dollars costs.  