Opinion
Argued October 27, 1925
Decided November 24, 1925
Appeal from the Supreme Court, Appellate Division, Third Department.
Frederick Collin and Thomas B. Merchant for appellant.
Douglas V. Ashley for respondent.
Judgment affirmed, with costs; no opinion.
Concur: POUND, McLAUGHLIN, CRANE and ANDREWS, JJ.; HISCOCK, Ch. J., CARDOZO and LEHMAN, JJ., concur on ground that plaintiff under complaint and reply cannot recover on note.