
    Charles A. Erickson, Respondent, v. Ernest Sutton, Defendant, and Elvin Sundell, Appellant.
    (Argued December 4, 1929;
    decided January 7, 1930.)
    
      
      Me Kinley L. Phillips for appellant.
    
      J. Russell Rogerson for respondent.
   Judgment affirmed, with costs, on the ground that the question presented by the appellant is not raised upon the record; no opinion.

Concur: Caedozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.  