Bennett v. Dix

No opinion. Order affirmed, with $10 costs and disbursements, upon the authority of Herzog v. Marx, 58 Misc. Rep. 356, 110 N. Y. Supp. 1039, and Howell v. Wallace, 37 App. Div. 323, 56 N. Y. Supp. 280, without prejudice to an application by the, plaintiff, if so advised, to settle issues for trial" by jury.