
    Jacob M. Anthony, Appellant, v. Warren J. Abbott, as Executor of Juliet A. Anthony, Deceased, Respondent, Impleaded with Another.
    
      Anthony v. Abbott, 136 App. Div. 913, affirmed.
    (Argued February 23, 1911;
    decided March 14, 1911.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 1, 1910, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover upon a check alleged to have been given to the plaintiff by the defendant’s testator before her death.
    
      O. M. Reilly, J. R. Collins and F. II. Collins for appellant.
    
      James R. Shea■ for respondent.
   Judgment affirmed, with costs; no opinion.

ConcurCullen, Ch. J., Gray, Yann, Werner, Willard Bartlett and Chase, JJ. Absent: IIaight, J.  