
    Augustus C. Bedell, Respondent, v. The Empire State Surety Company, Appellant.
    
      Bedell v. Empire State Surety Co., 129 App. Div. 890, affirmed.
    (Argued February 21, 1910;
    decided March 15, 1910.)
    . Appeal from a judgment entered December 16,1908, upon an order of the Appellate Division of the Supreme Court in the second judicial department, overruling defendant’s exception ordered to be heard in the first instance by the Appellate Division and directing judgment fór pfiaintiff upon the verdict as directed by the trial court in an action to recover up>on a fidelity bond.
    
      Ferdinand W. Buermeyer for appellant.
    
      Clarence McMillan and Richard B. Aldcroftt, Jr.,.for esptondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Haight, Vann, Willard Bartlett and Chase, JJ.  