
    Alonzo E. Smith, Respondent, v. Stuart W. Cowan, Appellant.
    
      Smith v. Oowan, 3 App. Div. 230, affirmed.
    (Argued December 7, 1898;
    decided January 10, 1899.)
    Appeal from a judgment and order of the Appellate-Division of the Supreme Court in the second judicial department, entered respectively April 10 and Y, 1896, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial.
    
      Walter B. Beaeh for appellant.
    
      Herbert Green for respondent.
   Judgment and order affirmed, with costs on opinion below.

All concur, except Martin, J., absent.  