
    MESSINA, Respondent, v. UNITED STATES MORTAGE & TRUST CO., Appellant.
    (Supreme Court, Appellate Division, Second Department.
    June 8, 1906.)
    Action by Frank Messina, sometimes known as Frank De Cola, against the United States Mortgage & Trust Company, as receiver of the Brooklyn Wharf & Warehouse Company.
   No opinion. Judgment and order reversed, and new trial granted, costs to abide the event; on the authority of Vogel v. American Bridge Co., 180 N. Y. 373, 73 N. E. 1, 70 L. R. A. 725, and Agresta v. Stevenson (decided April 27, 1906) 98 N. Y. Supp. 594.  