
    DANIEL E. KENDALL, Respondent, v. HENRY P. NIEBUHR, AND OTHERS, APPELLANTS.
    Before Curtis, Ch. J., and Speir, J.
    
      Decided February 3, 1880.
    The judgment in this case was affirmed on the opinion at special term, which was adopted as that of the general term.
   The case at special term is reported in 45 N. Y. Superior Court Reports, on page 542.  