
    TIERNEY, Respondent, v. RUPPERT, Appellant.
    (Supreme Court, Appellate Division, Second Department.
    December 24, 1914.)
    Action by Thomas P. Tierney against Jacob Ruppert.
   PER CURIAM.

Judgment and order affirmed, with costs.

THOBIAS, J., dissents, upon the ground that there is no evidence of actual malice. CARR, J., not voting.  