We think the defendant has been improperly credited with payments made before September 7, 1909, to sub-brokers employed by plaintiff’s firm, and also for the firm’s office expenses.

The plaintiff’s recovery should, therefore, be increased by adding thereto the sum of $1,120.14.

As so modified, the judgment should be affirmed, without costs to either party as against the other.

Hiscock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ., concur.

Judgment accordingly.