
    C. S. TAPLEY CO. Respondent, v. E. L. HASLER CO., Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    March 13, 1907.)
    Action by the C. S. Tapley Company against the E. L. Hasler Company.
   PER CURIAM.

Order affirmed, with $10 costs and disbursements.

McLENNAN, P. j., and ICRUSE, J.,

dissent upon the ground that there is no evidence tending to show that Stephen, upon whom the summons was served, was managing agent of the defendant, or that he was ever held out or represented by the defendant to be such. Taylor v. G. S. P. Association, 136 N. Y. 343, 32 N. E. 992, 32 Am. St. Rep. 749; Coler v. Pittsburg Bridge Company, 146 N. Y. 281, 40 N. E. 779.  