
    BERGER, Respondent, v. RUSSELL, Appellant.
    (Supreme Court, Appellate Division, First Department,
    April 8, 1909.)
    Action by Benjamin Berger against Henry Russell.
    C. H. Stoddard, for appellant.
    M. S. Hyman, for respondent.
   No opinion. Judgment affirmed, with costs, with leave to defendant to withdraw demurrer and to answer on payment of costs. Order filed.  