
    SWEET, Respondent, v. PERKINS et al., Appellants.
    (Supreme Court, Appellate Division, Fourth Department.
    December 4, 1907.)
    Action by Oscar H. Sweet against Charles H. Perkins and others.
   PER CURIAM.

Judgment and order affirmed, with costs.

McLENNAN, P. j., dissents, upon the grounds stated in the opinion of NÁSH, J., upon the former appeal in this case, reported in 115 App. Div. 784, 101 N. Y. Supp. 163.  