
    Elizabeth Schermerhorn, as Executrix of Abram L. Schermerhorn, Deceased, Appellant, v. Ransen Gardenier, Respondent.
    
      Schermerhorn v. Gardenier, 107 App. Div. 564, affirmed.
    (Argued April 3, 1906;
    decided April 17, 1906.)
    Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered October 2, 1905, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and granting a new trial.
    
      W. A. Hendrickson and G. S. Collier for appellant.
    
      Edson R. Harder for respondent.
   Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.

Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Werner and Hiscook, JJ. Absent: O’Brien, J. Not sitting : Chase, J.  