
    John Wanamaker, Respondent, v. Thomas J. Powers, Jr., Appellant.
    
      Wanamaker v. Powers, 102 App. Div. 485, affirmed.
    (Submitted October 15, 1906;
    decided November 13, 1906.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 16, 1905, affirming a judgment in favor of plaintiff entered upon the report of a referee in an action' to recover on a contract of guaranty.
    
      Nathan, P. Bushnell for appellant.
    
      Gerard Roberts for respondent.
   Judgment affirmed, with costs; no. opinion.

Concur: Cullen, Ch. J., Haight, Yann, Werner and Hisoook, JJ. Absent: Gray, J. Not sitting: Willard Bartlett, J.  