
    BENNETT, Appellant, v. DIX et al., Respondents.
    (Supreme Court, Appellate Division, Fourth Department.
    May 13, 1914.)
    Action by Horace L. Bennett against John Adams Dix and others.
   No opinion. Order affirmed, with $10 costs and disbursements, upon the authority of Herzog v. Marx, 58 Misc. Rep. 356, 110 N. Y. Supp. 1039, and Howell v. Wallace, 37 App. Div. 323, 56 N. Y. Supp. 280, without prejudice to an application by the, plaintiff, if so advised, to settle issues for trial" by jury.  