
    Octavius O. Cottle et al., as Executors of John J. P. Read, Deceased, Appellants, v. August Simon, Respondent.
    
      Cottle v. Simon, 35 App. Div. 632, affirmed.
    (Argued June 18, 1900;
    decided October 2, 1900.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 23, 1898, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term.
    
      Edmund P. Gottle for appellants.'
    
      Frederick G. Eagley and ■Simon Fleischmann for respondent.'
   Judgment affirmed, with costs; no opinion.

Concur: Parker, Oh. J., Bartlett, Vann, Landon and Werner, JJ. Not voting: O’Brien and Cullen, JJ.  