
    George R. Clark, Respondent, v. Calvin Smith, as Administrator, etc., Appellant.
    (Submitted February 29, 1892;
    decided March 15, 1892.)
    Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made April 16, 1891, which affirmed a judgment in favor of plaintiff entered upon the report of a referee.
    
      H. J. Swift for appellant.
    
      Charles F. Whitcher for respondent.
   Agree to affirm, with ten per cent damages for delay; no opinion.

All concur.

Judgment affirmed.  