
    Thomas Moore, Respondent, v. Charles F. Taylor, as Surviving Partner of the Firm of Charles F. Taylor & Company, Appellant.
    (Argued December 8, 1911;
    decided January 9, 1912.)
    
      Moore v. Taylor, 130 App. Div. 914, modified.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 28, 1910, affirming a judgment in favor of plaintiff entered upon a verdict in an action on contract.
    
      Robert H. Gere for appellant.
    
      A. Lee Olmsted for respondent.
   Judgment reversed and new trial granted, costs to abide event, unless plaintiff stipulates to reduce judgment to $2,011.29, in which case judgment as reduced is affirmed, without costs in this court to either party; no opinion.

Concur: Cullen, Ch. J., Gray, Haight, Vann, Werner, Willard Bartlett and Chase, JJ.  