
    The Emigrant Industrial Savings Bank, Respondent, v. Thomas J. Clute, Appellant.
    (Argued May 3, 1889;
    decided June 4, 1889.)
    Appeal from judgment of the General Term of the Supreme-Court in the first judicial department, entered upon an order-made October 9, 1885, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee.
    This case presented substantially the same questions as and was decided upon the authority of Clute v. Emmerich (99 N. Y. 342).
    
      Thomas J. Clute, appellant, in person.
    
      Bartholomew Skaats for respondent.
   Per Curiam mem.

for affirmance.

All concur, except Pabkek and Bbown, JJ., dissenting-

Judgment affirmed.  