
    August Finck, Jr., Appellant, v. Homer Weston, Respondent.
    
      Fink v. Weston, 146 App. Div. 900, affirmed.
    (Argued January 28, 1913;
    decided February 11, 1913.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 24,1911, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover money alleged to have been paid under false representations.
    
      
      Clarence Z. Spriggs for appellant.
    
      James Moore and Waldo Weston for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Gray, Werner, Chase, Collin, Cuddeback and Miller, JJ. Not voting: Cullen, Ch. J.  