
    Joseph J. White, App'lt, v. George C. Wood et al., Resp'ts.
    Appeal from judgment in favor of defendants.
    
      Wm. J. Qaynor, for app’lt;
    
      Wheeler H. Peckham, for resp’ts.
   Barnard, P. J.

The facts proven on the new trial are not materially different from those passed upon by the court of appeals upon the former appeal herein. White v. Wood, 129 N. Y., 527; 42 St. Rep., 174.

The judgment should, therefore, be affirmed, with costs.

Dykman and Pratt, JJ., concur.  