
    Ida M. Newcombe, Respondent, v. Thomas Eagleton, Appellant.
    (City Court of New York, General Term,
    March, 1896.)
    Lease — Liability of surety.
    The liability of a surety on a lease terminates with the issuance of' a warrant in summary proceedings.
    Appeal from judgment in favor of plaintiff, entered upon verdict directed by the court, and from order denying motion for a. new trial.
    
      . Foley & Earley, for appellant.
    Leo Lithauer, for' respondent.
   Conlan, J.

Appeal from a judgment entered hy direction of the court and from an order denying a motion for' a new trial.

The legal obligation of the defendant as surety on the lease terminated with the issuance of the warrant by the justice.

.The judgment should be reversed and a, new trial ordered, with costs to the appellant to abide the event.

Fitzsimons and O’Dwyer, JJ., concur.

Judgment reversed and new trial ordered, with costs to appellant to abide the event.  