
    H. Nelson Brown, Respondent, v. Edgar A. Newell, Appellant.
    
      Brown v. Newell, 132 App. Div. 548, affirmed.
    (Argued October 6, 1910,
    decided November 22, 1910.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 15, 1909, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action to recover upon a written agreement.
    
      Vasco P. Abbott for appellant.
    
      D. B. Lucey for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Werner, Willard Bartlett, Hiscock and Chase, JJ. Not voting: Vann, J.  