
    William L. Porter, Appellant, v. Uri Rhoades, as Executor of Harvey Tinkham, Deceased, Respondent.
    
      Porter v. Rhoades, 48 App. Div. 635, appeal dismissed.
    (Argued February 20, 1902;
    decided March 7, 1902.)
    Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered April 6, 1900, reversing a judgment in favor of plaintiff entered upon the report of a referee and granting a new trial.
    
      Edwin H. Risley and Charles A. Fuller for appellant.
    
      Henry R. Coman and F. W. Cushman for respondent.
   Appeal dismissed, with costs; no opinion.

Concur: Parker, Ch. J., Gray, C’Brien, Bartlett, Haight and Martin, JJ. Not voting : Vann, J.  