
    Shepard & Morse Lumber Company, Appellant, v. Franklin Trust Company, Individually and as Trustee, Respondent, Impleaded with Others.
    
      Shepard & Morse Lumber Co. v. Hurd, 128 App. Div. 28, affirmed.
    (Argued May 4, 1910;
    decided May 20, 1910.)
    Appeal from a judgment of the-Appellate Division of the Supreme Court in the third judicial department, entered October 23, 1908, affirming a judgment in favor of defendant entered upon the report of a referee in an action to foreclose a chattel mortgage and for an accounting.
    
      J. A. Kellogg, Eustace Conway, Charles E. Patterson, and A. T. Bulheley for appellant.
    
      John Hill Morgan, John P. Kellas and James MoKeen for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Haight, Willard Bartlett, Hiscock and Chase, JJ.  