
    Lionel Hagenaers, Respondent, v. Robert Herbst, Appellant.
    
      Hagenaers v. Herbst, 30 App. Div. 546, affirmed.
    (Argued October 30, 1900;
    decided November 16, 1900.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 18, 1898, affirming a judgment in favor of plaintiff entered upon the report of a referee.
    
      Henry L. Scheuermcm and Herbert JR. Limbwrger for appellant.
    
      Welton G. Percy for respondent.
   Judgment affirmed, with costs, on opinion below.

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