
    MAIER v. REBSTOCK.
    (Supreme Court, Appellate Division, Fourth Department.
    October 18, 1905.)
    Action by Charles W. Maier against Joseph fi. Rebstock.
   PER CURIAM.

Defendant’s exceptions overruled, motion for new trial denied, with costs, and judgment ordered for the plaintiff on the verdict, with costs. See opinion of this court in same case on former appeal, reported 92 App. Div. 587, 87 N. Y. Supp. 85.

McLennan, P. j., and NASH, J., dissent, on the grounds and for the reasons stated in the dissenting opinion in same case, reported 92 App. Div. 587-592, 87 N. Y. Supp. 85.  