
    Thomas Farrelly, as Temporary Administrator of the Estate of Frank J. Smith, an Absentee, Appellant, v. The Emigrant Industrial Savings Bank et al., Respondents.
    
      Farrelly v. Emigrant Ind. Savings Bank, 92 App. Div. 529, affirmed.
    (Argued October 26, 1904;
    decided November 15, 1904.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 28, 1904, which affirmed a judgment of Special Term dismissing the complaint.
    
      Edward F. Brown for appellant.
    
      James J. Fitzgerald for respondents.
   Judgment áffirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Cray, O’Brien, Bartlett, Martin, Yann and Werner, JJ.  