
    Brodie L. Duke, Appellant, v. Daniel O’Dell et al., Respondents.
    
      Duke v. O’Dell, 100 App. Div. 517, affirmed.
    (Argued February 13, 1906;
    decided February 27, 1906.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 1, 1905, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term.
    
      William F. Goldbeclc for appellant.
    
      Richard Reid Rogers and Paul D. Gramath for respondents.
   Judgment affirmed, with costs ; no opinion.

Concur: Gray, Edward T. Bartlett, Haight, Vann, Willard Bartlett and Chase, JJ. Absent: Cullen; Ch. J.  