
    Theodore Baumeister, Respondent, v. Frank Demuth, Appellant.
    
      Baumeister v. Demuth, 84 App. Div. 394, affirmed.
    (Argued May 11, 1904;
    decided May 31, 1904.)
    Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June -11, 1903, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term and granting a new trial.
    
      E’¿hoard W. S. Johnston and Edward P. Orrell for appellant.
    
      Samson Laehman and Theodore Baumeister for respondent.
   Order affirmed and judgment absolute ordered for plaintiff on the stipulation,,with costs; no opinion.

Concur: Parker, Oh. J., Gray, Bartlett, Martin, Vann, Cullen and Werner, JJ.  