
    SMITH, Appellant, v. BROWN BROS. CO., Respondent.
    (Supreme Court, Appellate Division, Fourth Department.
    November 15, 1911.)
    Action by John J. Smith against the Brown Bros. Company.
   PER CURIAM.

Judgment and order affirmed, with costs.

McLENNAN, P. J., dissents, upon the ground that the finding of the jury that the appearance was not ratified is contrary to and against the weight of the ¡evidence. See, also, 128 App. Div. 910, 112 N. Y. Supp. 1147; 129 App. Div. 930, 931, 113 N. Y. Supp. 1146, 1147.  