
    David C. Porter, Appellant, v. Julia S. Thom, Respondent, Impleaded with Another.
    (Argued May 6, 1901;
    decided May 21, 1901.)
    
      Porter v. Thom, 40 App. Div. 34, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 28, 1899, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and an order denying a motion for a new trial.
    
      Albert G. McDonald for appellant.
    
      George G. Reynolds for respondent.
   Judgment affirmed, with costs, on opinion below.

Concur: Parker, Ch. J., Gray, Bartlett, Haight, Martin, Vann and Werner, JJ.  