
    Franklin Sidway, as Executor, etc., Appellant, v. Cuba State Bank, Respondent.
    (Argued March 14, 1889;
    decided March 29, 1889.)
    Appeal from order of the General Term of the Supreme Court in the fourth judicial department, made October 19, 1883, which reversed a judgment in favor of plaintiff, entered upon the report of a referee and ordered a -new trial before another referee.
    
      Ernest K. Weaver for appellant.
    
      H. E. Sickels for respondent.
   Agree to affirm order and for judgment absolute against plaintiff on stipulation; no opinion.

All concur.

Ordered accordingly.  