
    John Heerdegen, Appellant, v. The American Surety Co. of New York, Respondent.
    Appeal from order.' ''
    ' William B. Bronk, for appellant.
    
      H. G. Wilcox, for respondent.
   McCarthy, J.

The appellant having stipulated (see orders) must be bound by the same.

If there was no stipulation, then these orders should have been resettled and required to recité the correct facts.

We are to pass on the papers as they come to us.

Order must be affirmed, with ten dollars costs.

Van WY0K,;Ch. J., concurs.

Order affirmed, with ten dollars costs.  