
    Henry E. Bowns, Appellant, v. Samuel Stewart, Respondent.
    Appeal from a judgment, after a trial before the court without a jury, in favor of the defendant, dismissing the complaint, with costs.
    James L. Bishop, for appellant.
    John H. Rogan, for respondent.
   Per Curiam.

The question involved in this case has been passed upon by the Appellate Term. See 28 Misc. Rep. 475.

Judgment appealed from affirmed, with costs.

Present: McCarthy and S'chuchman, JJ.

Judgment affirmed, with costs.  