
    Paul R. G. Hoest, Respondent, v. Montauk Brewing Company, Appellant.
    
      Horst v. Montauk Brewing Co., 118 App. Div. 300, affirmed.
    (Argued April 17, 1908;
    decided May 19, 1908.)
    Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 28, 1907, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial in an action to recover a balance alleged to be due for goods Sold and delivered.
    
      Martin S. Lynch for appellant.
    
      George A. Strong for respondent.
   Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.

Concur: Cullen, Ch. J., Gray, Haight, Vann, Willard Bartlett, Hiscock and Chase, JJ.  