
    Andrew M. Rollins, Respondent, v. The Co-operative Building Bank, Appellant.
    
      Rollins v. Co-operative Building Bank, 98 App. Div. 606, affirmed.
    (Argued January 19, 1906;
    decided February 13, 1906.)
    Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 29,1904, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term without a jury and granting a new trial.
    
      E. G. Bullard and George E. Waldo for appellant.
    
      J. K. Long and Thomas S. Fagan for respondent.
   Order affirmed and judgment absolute ordered against defendant on the stipulation, with costs, on opinion below.

Concur: Cullen, Oh. J., O’Brien, Haight, Vann, Werner and Willard Bartlett, JJ. Dissenting; Hiscook, J,  