
    Frederick S. Heal, Respondent, v. Richmond County Savings Bank, Appellant.
    
      Seal v. Bichmond County Savings Bank, 127 App. Div. 428, affirmed.
    (Argued October 15, 1909;
    decided October 29, 1909.)
    Appeal from an order of tlie Appellate Division of the Supreme Court in the second judicial department, entered June 29, 1908, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term and granting a new trial in an action to procure the cancellation of a bond and mortgage.
    
      Mo-rtimer 8. Brown and Melvin L, Decker for appellant.
    
      William D. Gaillarcl for respondent.
   Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.

Concur: Cullen, Oh. J., Edward T. Bartlett, Haight, Vann, Willard Bartlett, Hiscook and Chase, JJ.  