Judgment affirmed, with costs, on the ground that while we think that the admission of evidence of a previous suit for an assault by defendant, over his objection, was clearly erroneous, nevertheless as the evidence is ample and conclusive as to the assault perpetrated by the defendant, the court, in its power, overlooks the error and affirms the judgment; no opinion.

Concur: Cullen, Oh. J., Gray, Edward T. Bartlett, Haight, Willard Barlett, Hiscock and Chase, JJ.