
    TYLER, Respondent, v. PULVER, Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    March 23, 1910.)
    Action by James R. Tyler against Elias F. Pulver.
   PER CURIAM.

Judgment and order affirmed, with costs. See, also, 128 App. Div. 917, 113 N. Y. Supp. 1149.

KRUSE, J.,

dissents, upon the ground that the evidence relating to the bond and mortgage was improperly stricken out, and that the case should have been submitted to the jury.  