
    Valentine G. Foehner, Appellant, v. Charles M. Huber, as Executor of Maria Foehner, Deceased, Respondent, Impleaded with Another.
    
      Fo hner v. Huber, 42 App. Div. 439, affirmed.
    (Argued February 14, 1901;
    decided April 4, 1901.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 26, 1899, affirming a judgment in favor of defendant Huber entered upon a dismissal of the complaint by the court on trial at Special Term.
    
      W. A. Sutherland for appellant.
    
      Stanley Shepard and Walter S. Hubbell for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Parker, Ch. J., Gray, O’Brien, Haight, Landon, Cullen and Werner, JJ.  