
    Arthur T. Davern, Appellant, v. William B. Rockwell, as Receiver of the Syracuse, Lakeside and Baldwinsville Railway, Respondent.
    
      Davern v. Rockwell, 105 App Div. 618, affirmed.
    (Argued March 23, 1906;
    decided April 17, 1906.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 26, 1905, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term.
    
      J. L. Cheney for appellant.
    
      T. E. Hancock and William 8. Farmer for respondent.
   Judgment affirmed, with costs ; no opinion.

Concur: Cullen, Cli. J., Gray, Edward T. Bartlett and Haight, JJ. Dissenting: Yann, Willard Bartlett and Chase, JJ.  