
    The Equitable Trust Company of New York, Respondent, v. Charles A. Newman, Appellant.
    
      Equitable Trust Co. of N. Y. v. Newman, 146 App. Div. 953, affirmed.
    (Argued December 4, 1913;
    decided April 14, 1914.)
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 17,1911, which reversed a determination of the Appellate Term reversing a judgment of the City Court of the city of New York in favor of plaintiff entered upon a verdict, and affirmed said City Court judgment in an action to recover upon a premium note.
    
      Max L. Schallek and Joseph M. Herzberg for appellant.
    
      Robert E. McLear and Herbert G. McLear for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Chase, Collin and Cuddebaok, JJ. Dissenting: Hogan, J. Not sitting: Miller, J.'  