
    TIMMERMAN, Appellant, v. GUINAN, Respondent.
    (Supreme Court, Appellate Division, Fourth Department.
    December 23, 1913.)
    Action by Fayette A. Timmerman against John W. Guinan.
   PER CURIAM.

Judgment reversed, and a new trial granted in the County Court, with costs to appellant to abide event. The evidence was sufficient to make out a case of fraud.

ROBSON, J., dissents.  