
    CARRUTHERS, Respondent, v. WAINWRlGHT et al., Appellants.
    (Supreme Court, Appellate Division, Second Department.
    December 5, 1913.)
    Action by Frederick W. Garruthers, Jr., against Walter Wainwright and another.
   PER CURIAM.

Judgment and order reversed, and new trial granted, costs to abide the event, for error in receiving testimony of conversations between Sloane and Huber, in defendants’ absence.

JENKS, P. J., not voting.  