
    RATH, Respondent, v. McNAUGHT, Appellant, et al.
    (Supreme Court, Appellate Division, Second Department.
    July 25, 1913.)
    Action by Arthur A. Rath against Roy H. McNaught and another.
   PER CURIAM.

As the affidavits for the remedy by arrest made a prima facie case of actionable fraud, without reference to the proceedings in the suit of Eastmond v. McNaught, the order denying the motion to vacate the order of arrest is affirmed, with $10 costs and disbursements, to abide the event. Reargument denied. 143 N. Y. Supp. 1140.  