
    LIVINGSTON, Appellant, v. WEISS, Respondent.
    (Supreme Court, Appellate Term.
    June 22, 1905.)
    Appeal from Municipal Court, Borough of Manhattan, Ninth District. Action by Moses Livingston against Adolphus Weiss. From a judgment for defendant, plaintiff appeals.
    Reversed.
    A. S. Rosenthal, for appellant.
    Wentworth, Lowenstein & Stern, for respondent.
   PER CURIAM.

Assuming that the action is maintainable, the judgment is unwarranted. The respondent presents a computation sugr gestive of the way in which the justice reasoned in reaching the conclusion that $17.50 damages to defendant "had been shown. An item of $105 as chargeable to plaintiff by defendant appears in the computation, but there was no evidence that the plaintiff had received $105 for which he should account to defendant. There must be a reversal, and a new trial, with costs to appellant to .abide the event.  