
    John Simson, Appellant, v. Bank of Commerce in Buffalo, Impleaded, etc., Respondent.
    (Argued March 6, 1890;
    decided March 21, 1890.)
    Appeal from order of the General Term of the Supreme Court of the fifth judicial department, made January 25,1887, which reversed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term, and ordered a new trial.
    
      B. 8. Fa/rrington for appellant.
    
      George Olvnton for respondent.
   Agree to affirm; no opinion.

All concur, except Bradley and Haight, JJ., not sitting.

Order affirmed and judgment absolute against plaintiff on stipulation.  