
    First Department,
    July, 1917.
    Owen E. Abraham, Assignee for the Benefit of Creditors of Charles E. Ball and Louis E. Whicher, Composing the Firm of Ball & Whicher, Appellant, v. American Exchange National Bank, Respondent.
    Appeal from a judgment of the Supreme Court, entered in the New York county clerk’s office June 27, 1916, dismissing the complaint after a trial at Trial Term.
   Per Curiam:

Upon the ground that there was an issue of fact for the' jury as to whether Valentine was an agent of the firm of E. D. Shepard & Co., the judgment is reversed and a new trial ordered, with costs to appellant to abide the event. Present — Dowling, Smith, Page and Shearn, JJ. Judgment reversed and new trial ordered, with costs to appellant to abide event.  