
    John C. Rodgers, Respondent, v. Ambrose B. Stannard, Appellant.
    
      Badgers v. Stannard,, 126 App. Div. 916, affirmed.
    (Argued May 18, 1909;
    decided June 1, 1909.)
    Appeal from a judgment of. the Appellate Division of the Supreme Court in the first judicial department, entered June 3, 1908, modifying and affirming as modified a -judgment in favor of plaintiff entered upon a verdict and affirming an order denying a motion for a new trial in an action to recover on contract.
    
      Herbert C. Smyth,, Charles C. Sanders and George S. Scofield, Jr., for appellant.
    
      David B. Hill and John W. Boothby for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: G-ray, Vann, Werner, Willard Bartlett, His-cock and Chase, JJ. Absent: Cullen, Oh. J.  