
    John D. Spicer, Respondent, v. The First National Bank of Fort Edward, Appellant, Impleaded with Others.
    
      Spicer'r. Mrst National Bank, 55 App. Div. 173, affirmed.
    (Argued January 30, 1902;
    decided February 11, 1902.)
    Appeal from a.judgment of the Appellate Division of the Supreme Court in the third judicial department, entered November 20, 1900, affirming a judgment in favor of plaintiff entered upon the report of a referee.
    
      A. L>. Wait for appellant.
    
      Edgar T. Brackett, Lewis E. Griffith and George B. Pattison for respondent.
   Judgment affirmed, with costs, on opinion below.

Concur: Parker, Ch. J., Bartlett, Haight, Martin, Yann, Cullen and Werner, JJ.  