
    Hamilton B. Tompkins, Respondent v. Frank B. McGay et al., Appellants, and E. Ellery Anderson, as Assignee of Hatch & Foote et al., Respondents, Impleaded with Others.
    
      Tompkins v. Hatch, 76 App. Div. 620, affirmed.
    (Argued January 13, 1904;
    decided January 29, 1904.)
    Appeal from a judgment of the- Appellate Division of the Supreme Court in the first judicial department, entered December 20,1902, affirming a judgment in favor of respondents entered upon the report of a referee.
    
      Charles Be Ilart Brower and Seth B. Boblnson for appellants.
    
      Frederick II. Man and Thomas J. Sanson for plaintiff, respondent.
    
      O. P. Metcalf, James Anderson Hawes and Felix Jellenik for defendants, respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Parker, Ch. J., Gray, O’Brien, Bartlett, Martin and Cullen, JJ. Absent: Haight, J.  