
    John W. Clark, Respondent, v. The National Shoe and Leather Bank of the City of New York, Appellant.
    Reported below, 33 App. Div. 316.
    (Argued November 21, 1898;
    decided November 29, 1898.)
    Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered July 16, 1898, affirming a judgment in favor of plaintiff entered upon the decision of the court at a Trial Term, a jury having been waived.
    The motion was made upon the ground that the judgment is not appealable under sections 190, 191 of the Code of Civil Procedure ; that no question of law is involved; that the findings of fact were unanimously approved by the Appellate Division, and that the appeal has not been allowed by the Appellate Division or a judge of the Court of Appeals.
    
      O. B. Gould for motion.
    
      Putney c& Bishop opposed.
   Motion denied, with costs.  