
    Benjamin J. Lymam, Appellant, v. Francis Merges and John G. Gillig, the Name “ John G.” Being Fictitious, etc., Respondents.
   —Judgment reversed and 'new trial granted, costs to abide the event, on the ground that the case was for the jury, and the dismissal seems to have been on no ground whatever. Hirschberg, P. J., Gaynor, Burr, Rich and Miller, JJ., concurred.  