
    Birmingham Trust and Savings Company, Respondent, v. Peter Whitney, Appellant.
    (Argued October 26, 1905;
    decided November 21, 1905.)
    
      Birmingham Trust & S. Co. v. Whitney, 95 App. Div. 280, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 29, 1904, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a.jury.
    
      J. Harry Hull for appellant.
    
      Frederick P. James for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Bartlett, Haight, Vann and Werner, JJ. Absent: O’Brien, J.  