
    Virginia S. Sands, as Administratrix of James G. Sands, Deceased, Respondent, v. Henry C. Miner, Appellant.
    (Argued October 5, 1899;
    decided October 24, 1899.)
    
      Sands v. Miner, 16 App. Div. 347, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 26, 1897, upon an order affirming a judgment in favor of plaintiff entered upon the report of a referee.
    
      Nathaniel Cohen and Howe & Hummel for appellant.
    
      Frank Barker for respondent.
   Judgment and order affirmed, with costs, on opinion below5.

All concur, except Parker, Ch. J., and Bartlett, J., not sitting.  