
    Louis Burkhard, Respondent, v. The Norwich Brewing Company, Appellant.
    
      Burkhard v. Norwich Brewing Go., 125 App. Div. 903, affirmed.
    (Argued May 7, 1909;
    decided May 20, 1909.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 25, 1908, affirming a judgment in favor of plaintiff entered upon the report of a referee in an action to recover for goods alleged to have been sold and delivered.
    
      Hubert G. Stratton and William H. Sullivan for appellant.
    
      Walter Welch, J. II. Oostello and H. I). Costello for respondent.
   Judgment affirmed, with costs \ no opinion.

Concur: Gray, Edward T. Bartlett, Haight, Vann, Willard Bartlett and Chase, JJ. Absent: Cullen, Ch. J.  