Majority
p. 955Algie, Appellant, v. Larned et al., Respondents. (Common Pleas of New York City and County, General Term. March 3, 1890.) Argued before Larrbmore, C. J., and Daly and Bischoff, JJ.
Larned & Warren, for respondents.
Motion by respondents to dismiss appeal, taken from the judgment and order denying motion for a new trial, for the failure to prosecute appeal with diligence, and for his failure to make and serve his case on appeal. Granted, with costs, and $10 costs of motion.