
    Elvira Breed, as Executrix of Nathan Breed, Deceased, Respondent, v. The National Bank of Auburn, Appellant, Impleaded with Others.
    
      Breed v. National Bank of Auburn, 57 App. Div. 468, affirmed.
    (Argued April 15, 1902;
    decided May 6, 1902.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 15, 1901, affirming a judgment in favor of plaintiff entered upon the report of a referee.
    
      Charles I. Avery for appellant.
    
      Alexander H. Cowie for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Parker, Ch. J., Gray, Martin, Vann, Cullen and Werner, JJ. Dissenting: O’Brien, J.  