
    KIRKLAND, Appellant, v. McALPIN, Respondent.
    (Supreme Court, Appellate Division, First Department.
    November 5, 1909.)
    Action0 by Elmer E. Kirkland against Edwin A. BIcAlpin.
    A. Beekman, for appellant.
    T. W. Sprague, for respondent.
   No opinion. Order reversed, and motion granted, on payment of all costs in the action, to be taxed. Settle-order on notice.  