
    DUCKWORTH, Appellant, v. SHIMKO, Respondent.
    (Supreme Court, Appellate Division, Second Department.
    June 8, 1906.)
    Action by Walter F. Duckworth against Michaliao Shimko,
   PER CURIAM.

Judgment of the Municipal Court reversed, and new trial ordered, costs to abide the event; on the ground that if the plaintiff was entitled to recover, he was entitled to a commission of 21/s per cent., as agreed to by the borrower.  