
    James T. Doyle, Appellant, v. J. Gilbert White, Respondent.
    
      Doyle v. White, 9 App. Div. 521, affirmed.
    (Submitted May 4, 1899;
    decided June 6, 1899.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 29, 1896, upon an order affirming a judgment of the late Superior Court of the city of New York in favor of defendant entered upon a dismissal of the complaint at a Trial Term.
    
      
      James E. Eell/y for appellant.
    
      Herbert O. Smyth and Edwin A. Jones for respondent.
   Judgment and order affirmed, with costs, on prevailing opinion below.

All concur, except Parker, Oh. J., and Bartlett, J., dissenting.  