
    Auburn Button Company, Respondent, v. Philip L. Sylvester, Impleaded, etc., Appellant.
    Reported below, 73 Hun, 498.
    (Argued October 16, 1895;
    decided November 1, 1895.)
    Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 3, 1893, which reversed a judgment in favor of defendant dismissing plaintiff’s complaint upon the merits, entered upon a decision of the court on trial at Special Term and granted a new trial.
    
      F. G. Aiken for appellant.
    
      W. F. HugKitt for respondent.
   Judgment affirmed, with costs; no opinion.

All concur, except Haight, J., not sitting.  