
    HERRMANN, Appellant, v. WORTHINGTON, et al., Respondents.
    (Supreme Court, Appellate Division, Second Department.
    December, 1903.)
    Action by Theodore L. Herrmann against Charles C. Worthington and Theodore F..Miller. The following is the opinion of Hamilton Odell, referee: “For reasons stated in the opinion written in the case of Worthington v. Herrmann, 89 App. Div. 627, 88 N. Y. Supp. 76, there must be judgment in this action for the defendants dismissing the complaint. I think that such judgment should be ordered for the further reason that, by operation of the third article of the agreement of April 10, 1899, the plaintiff is estopped from asserting the claims for alleged damages on which he seeks to recover in this action.”
   PER CURIAM.

Judgment affirmed, with costs, on the opinion of Hamilton Odell, referee. Order granting extra allowance affirmed, without costs.

HOOKER, J., dissents.  