
    The National Conduit and Cable Company, Respondent, v. The Commercial Union Assurance Company, Limited, Appellant.
    
      National Conduit & Cable Co. v. Commercial Union Assur. Co., 135 App. Div. 186, affirmed.
    (Argued October 18, 1911;
    decided November 3, 1911.)
    Appeal from a judgment, entered January 25, 1910, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which reversed a judgment in favor of defendant entered upon the report of a referee and directed judgment in favor of the plaintiff in an action to recover upon a policy of fire insurance.
    
      Frederick B. Campbell, John F. Devlin and Paul C. Whipp for appellant.
    
      Clarence G. Galston and Arthur Watson for respondent.
   Judgment affirmed, with costs, on opinion of Clark, J., below; no opinion.

Concur: Cullen, Ch. J., Cray, Werner and Willard Bartlett, JJ. Dissenting: Hiscook, Chase and Collin, JJ.  