
    CLEMENT, Excise Com’r, Appellant, v. STRECKER et al., Respondents.
    (Supreme Court, Appellate Division, Third Department.
    December 7, 1906.)
    Action by Maynard N. Clement, as state commissioner of excise of the state of New York, against Lorenzo Strecker and others.
   PER CURIAM.

Judgment and order reversed, and new trial granted, with costs to appellant to abide event, on the ground that the verdict is against the weight of evidence.

PARKER, P. J., not voting. CHESTER, J., dissents.  