
    Jay E. Tibbits, Respondent, v. Edward L’Estrange Phipps, Appellant. William Phillips et al., Respondents.
    
      Tibbits v. Phipps, 30 App. Div. 274, affirmed.
    (Argued May 17, 1900;
    decided June 5, 1900.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 27, 1898, upon an order modifying, and affirming as modified, a judgment in favor of plaintiff entered upon the report of a referee.
    
      Isaac N. Mills for appellant.
    
      W. R. Spooner and Frank A. Bennett for respondents.
   Judgment and order affirmed, with costs; no opinion.

Concur: Parker, Cli. J., Gray, O’Brien, Haight, Martin, Landon and Werner, JJ.  