
    Paul M. Herzog, as Receiver for the Benefit of Creditors of Joseph Ryan, Appellant, v. Municipal Electric Light Company, Respondent.
    
      Herzog v. Municipal Hleciric Light Co., 89 App. Div. 569, affirmed.
    (Argued December 5, 1904;
    decided December 30, 1904.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 15, 1904, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term.
    
      Louis Marshall and S. F. Kneeland for appellant.
    
      Paul D. Cravath and William F. Sheehan, for respondent.
   Judgment affirmed, with costs, on opinion below.

Concur: Cullen, Ch. J., Gray, O’Brien and Haight, JJ. Dissenting: Bartlett, Martin and Vann, JJ.  