
    Leman W. Tyler, Appellant, v. Victor Cooper, Respondent.
    (Argued December 8, 1890;
    decided January 14, 1891.)
    Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made April 17,1888, which modified and affirmed as modified a' judgment in favor of defendant entered upon a decision of the court on trial at Special Term.
    
      Watson M. Rodgers for appellant.
    
      G. W Thompson for respondent.
   Agree to affirm; no opinion.

All concur, except Follett, Oh. J., and Yann, J., not sitting.

J udgment affirmed.  