
    Michael O’Brien, Appellant, v. Robert J. Smith, Respondent.
    
      O'Brien v. Smith, 87 Hun, 621, affirmed.
    (Argued April 25,1899;
    decided May 12,1899.)
    Appeal from a judgment of the late General Term of the Supreme Court in the first judicial department, entered November 25, 1896, affirming a judgment in favor of defendant entered upon a decision of the court on trial at Special Term.
    
      Campbell E. Locke and Edward W. 8. Johnston for appellant.
    
      Frederic A. Ward for respondent.
   Judgment affirmed, with costs; no opinion.

All concur, except Parker, Oh. J., not sitting.  