
    BROMSTEAD, Respondent, v. HAMILTON, Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    March 26, 1913.)
    Action by John H. Bromstead against Albert L. Hamilton, as administrator, etc.
   PER CURIAM.

Judgment affirmed, with costs.

KRUSE, J.,

dissents, upon the ground that a presumption of payment arises from the various transactions after the plaintiff’s claim accrued. The plaintiff made no such claim when called upon to pay defendant’s judgment, nor at any time until long after the death of defendant’s testator, and in any event the $50 rent should have been allowed.  