Opinion
Argued May 19, 1904
Decided June 3, 1904
John F. Carew and Thomas F. Magner for appellant.
Almet Reed Latson and Charles C. Leeds for respondent.
That part of the judgment of the Appellate Division which affirmed the judgment of the trial court dismissing the plaintiff's complaint as to the first cause of action affirmed, with costs to the respondent. Appeal from that part of the judgment of the Appellate Division which reversed the judgment entered upon the verdict upon the second cause of action dismissed, without costs to either party; no opinion.
Concur: PARKER, Ch. J., GRAY, O'BRIEN, MARTIN, CULLEN and WERNER, JJ. Absent: HAIGHT, J.