
    Oscar T. Marshall, Appellant, v. John P. Wenninger, Respondent.
    
      Marshall v. Wenninger, 23 App. Div. 275, affirmed.
    (Argued May 15, 1900;
    decided June 5, 1900.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 15, 1898, reversing a judgment in favor of plaintiff, and dismissing the complaint.
    
      John Larhin and EzeMel Fixmam, for appellant.
    
      Henry A. Forster for respondent.
   Judgment affirmed, with costs, on opinion helow.

Concur: Parker, Ch. J., Gray, O’Brien, Haight, Martin, Landon and Werner, JJ.  