
    Philo W. Thayer, Respondent, v. Asbury Cable, Appellant.
    
      Thayer v. Cable, 19 App. Div. 558, affirmed.
    (Submitted December 14, 1900;
    decided January 8, 1901.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered upon an order made July 6, 1897, affirming a judgment of the Delaware County Court in favor of plaintiff entered upon the report of a referee.
    
      A. G. Patterson for appellant.
    
      Marvin & Hanford for respondent.
   Judgment affirmed, with costs, on opinion helow.

Concur: Parker, Ch. J., Gray, O’Brien, Haight, Cullen and Werner, JJ. Not sitting : Landon, J.  