
    BANNER RUBBER CO., Appellant, v. DAVENPORT, Respondent.
    (Supreme Court, Appellate Division, Third Department.
    January 15, 1908.)
    Action by the Banner Rubber Company against Morris J. Davenport.
   PER CURIAM.

Order affirmed, with $10 costs and disbursements.

SMITH, P. J., and KELLOGG, J., dissent.  