
    De Witt A. Hayes, Respondent, v. Simeon S. Gross, Appellant.
    
      Hayes v. Gross, 9 App. Div. 13, affirmed.
    (Argued February 15, 1900;
    decided March 13, 1900.)
    Appeal from a judgment and order of the Appellate Division of • the Supreme Court in the third judicial department, entered respectively October 9, 1896 and September 29,1896, modifying, and affirming as modified a judgment in favor of plaintiff, entered upon the report of a referee.
    
      Edgar A. Spencer for appellant.
    
      A. D. L. Baker for respondent.
   Judgment and order affirmed, with costs, on opinion b.elow.

Concur: Parker, Oh. J., Gray, O’Brien, Haight, Cullen and’ Werner, JJ. Not sitting, Landon, J.  