
    SPEARS, Respondent, v. WILLIS, Appellant.
    (Supreme Court, General Term, Third Department.
    May 8, 1894.)
    Action by James Spears against Eben Willis.
    Argued before MAYHAM, P. J., and PUTNAM and HERRICK, JJ.
    Swift & Sanford (Theo. H. Swift, of counsel), for appellant.
    Ledyard P. Hale, for respondent.
   PER CURIAM.

We think the judgment should be affirmed. The opinion written when this case was first before us (Spears v. Willis, 69 Hun, 408, 23 N. Y. Supp. 549), the facts not having been materially changed on the last trial, renders the writing of another unnecessary.  