
    Robert G. Scherer, as Assignee for the Benefit of Creditors of Timothy J. Sullivan et al., Respondent, v. Henry L. Smith, as Receiver of the Albany Horse Nail Company, Appellant.
    (Argued October 6, 1899;
    decided October 24, 1899.)
    
      Scherer v. Smith, 20 App. Div. 686, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered September 23, 1897, affirming a judgment in favor of plaintiff entered upon the report of a referee.
    
      Arthur L. Andrews and M. Nussbaum for appellant.
    
      Marcus T. Hun for respondent.
   Judgment affirmed, with costs; no opinion.

All concur.  