
    Ferral C. Dinniny, as Surviving Partner of the Butler Colliery Company, Respondent, v. Joseph E. Gavin et al., Appellants.
    
      Dinniny v. Gavin, 4 App. Div. 298, affirmed.
    (Argued May 9, 1899;
    decided June 6, 1899.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered April 29, 1896, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court.
    
      John Owmeen for appellants.
    
      John A. Reynolds for respondent.
   Judgment affirmed, with costs ; no opinion.

All concur, except O’Brien and Haight, JJ., dissenting.  