
    Cornelius Callahan, Appellant, v. Emily Godwin, as Administratrix of the Estate of Thomas W. Weathered, Deceased, Respondent.,
    
      Callahan v. Godwin, 110 App. Div. 889, affirmed.
    (Submitted October 26, 1906;
    decided November 13, 1906.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 20, 1905, affirming a judgment in favor of defendant entered upon the report of a referee in an action to recover a sum alleged to be due for work performed and materials furnished.
    
      Benjamin F. Carpenter for appellant.
    
      Hector M. Hitchings for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch.'J., Edward T. Bartlett, Werner, Willard Bartlett, Hisoooic and Chase, JJ. Absent: Gray, J.  