
    Francis J. Tobias, Appellant, v. John P. Wierck et al., Respondents.
    
      Tobias v. Wierck, 80 App. Div. 486, affirmed.
    (Submitted May 23, 1900;
    decided June 5, 1900.)
    Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, made June 10, 1898, reversing a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury, and granting a new trial.
    
      George Welwood Murray and Allen W. Jobison for appellant.
    
      Henry J). Hotchkiss and R. B. Aldcroftt, Jr., for respondents.
   Order affirmed and judgment absolute ordered for defendants on the stipulation, with costs; no opinion.

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