
    Harlow C. Curtiss, Respondent, v. William T. Jebb, Appellant.
    Reported below, 137 App. Div. 928.
    (Argued November 14, 1910;
    decided November 22, 1910.)
    Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 16, 1910, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial in an action to recover back money paid.
    The motion was made upon the ground that the judgment of the Appellate Division was unanimous and the exceptions frivolous.
    
      James McC. Mitchell for motion.
    
      Charles B. Sears opposed.
   Motion denied, with ten dollars costs.  