
    James M. Hamilton, Appellant, v. Frank V. Fleckenstein, Defendant, and William S. Morse et al., Respondents
    
      Hamilton v. Fleokenstein, 123 App. Div. 913, affirmed.
    (Argued October 19, 1109;
    decided November 9, 1909.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 13, 1908, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court at Special Term in an action to foreclose a lien for money alleged to have been paid on a contract for the sale of real property.
    
      Hugh J. O’Brien for appellant.
    
      Henry D. Shedd for respondents.
   Judgment affirmed, with costs ; no opinion.

Concur: Cullen, Oh. J., Gray, Edward T. Bartlett, Haight, Werner, Willard Bartlett and Hiscook, JJ.  