
    WILSON et al. v. NEVINS.
    (Supreme Court, Appellate Division, First Department.
    January 27, 1911.)
    Appeal from Trial Term, New York County. Action by Jane Wilson and another against Thomas A. Nevins. From a judgment for plaintiffs, defendant appeals.
    Modified and affirmed.
    Schuyler C. Carlton, for appellant.
    Godfrey Goldmark,' for respondent.
   PER CURIAM.

The judgment should be modified, upon respondent’s stipulation, by deducting $552.30 from the amount recovered, and, as modified, the judgment, and the order appealed from, should be affirmed, without costs.

INGRAHAM, P. J.

(dissenting). I dissent, upon the ground that there is no evidence to justify a finding that the defendant had constituted his wife as his agent to make the purchases in question.  