
    David Wright, Appellant, v. Nelson B. Eldred, Respondent.
    (Argued January 25, 1893;
    decided February 7, 1893.)
    Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 21,1887, which denied a motion for a new trial and ordered judgment in favor of defendant upon a verdict directed by the court.
    The following is the mem. of decision:
    “A careful comparison of the record in this case with that of Shaver v. Eldred (114 N. Y. 236) satisfies us that there is no material distinction to be made between the two cases, and upon the authority and reasoning of that case this judgment is affirmed with costs.”
    
      H. V. Howland for appellant.
    
      Charles M. Baker for respondent.
   Agree to affirm.

All concur, except Maynard, J., not sitting.

Judgment affirmed.  