
    McHOSE v. GRUBBY FAIENCE CO.
    (Supreme Court, Appellate Term.
    December 9, 1908.)
    Appeal"from City Court of New York, Trial Term. Action by Lucius H. Mellóse against the Grueby Faience Company. Judgment for plaintiff, and defendant appeals. Affirmed. Cary & Robinson, for appellant. C. A. Wilson, for respondent.
   PER CURIAM.

Order affirmed, with $10 costs and disbursements.

MacLBAN, J. (dissenting).

Neither assertions on information and belief respecting functions of one Garrison, called by the plaintiff the defendant’s managing agent, nor assertions respecting talks over the telephone with an unknown person, prove anything to contradict the positive statements of persons deposing as from knowledge.  