
    Henry Heuchel, Appellant, v. John Sherman Miller, Respondent.
   Judgment modified so as to allow plaintiff the costs of the action, and as so modified affirmed, without costs here, upon the ground that in view of defendant’s denials in the answer, plaintiff should have been allowed costs at Special Term. Blaekmar, P. J., Mills, Rich, Putnam and Kelly, JJ., concur.  