
    William H. T. Hughes, Appellant, v. John T. Smither, Respondent.
    
      Hughes v. Smither, 23 App. Div. 590, affirmed.
    (Argued April 18, 1900;
    decided May 8, 1900.)
    Appeal from a judgment and order of the Appellate Division of the Supreme Court in the first judicial department, entered January 19, 1898, affirming a judgment in favor of defendant entered upon a dismissal of the complaint upon the report of a referee.
    
      George G. Lay for appellant.
    
      Fisher A. Baker for respondent.
   Judgment and order affirmed, with costs, on opinion below.

Concur; Parker, Oh. J., O’Brien, Bartlett, Haight, Martin, Yann and Landon, JJ.  