
    Harry M. Smith, Respondent, v. Fanny J. Kirkwood et al., as Executors of Thomas Kirkwood, Deceased, Appellants.
    
      Smith v. Kirkwood, 116 App. Div. 918, affirmed.
    (Argued December 9, 1907;
    decided December 20, 1907.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered Jan. uary 12, 1907, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial in an action to recover for goods sold and delivered.
    
      H. Schieffelvn Sayers for appellants.
    
      Charles Pa Hart Brower and William LI. Hill for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Haight, Werner, Willard Bartlett and Hiscook, JJ.  