
    Joel H. Lyman, Respondent, v. State Bank of Randolph, Appellant, Impleaded with Another.
    
      Lyman v-. Slate Bank of Randolph, 81 App. Div. 867, affirmed.
    (Argued October 7, 1904;
    decided October 25, 1904.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 21, 1903, affirming a judgment in favor of plaintiff entered upon the report of a referee.
    
      G. D. Davie, Alexander Wentworth and W. S'. Thrasher for appellant.
    
      Franlc W. Stevens for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Oh. J., O’Brien, Martin, Vann and Werner, JJ. Absent: Gray and Haight, JJ.  