
    Clarence T. Birkett, Respondent, v. The Postal Telegraph-Cable Company, Appellant.
    
      Birkett v. Postal Telegraph-Cable Co., 107 App. Div. 115, affirmed.
    (Argued November 16, 1906;
    decided December 4, 1906.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 28,1905, affirming a judgment in favor of plaintiff entered upon the report of a referee in an action to recover the amount of alleged overcharges collected from the plaintiff by an agent of defendant and applied by said agent to his own use.
    
      J. N. Hammond for appellant.
    
      Calvin J. Huson for respondent.
   Judgment affirmed, with costs ; no opinion.

Concur: Cullen, Ch. J., Gray, Haight, Vann, Werner and Willard Bartlett, JJ. Not sitting: Hiscook, J.  