
    James F. Davern, Respondent, v. Matthew Breen et al., Defendants, and Walter Drew, Appellant.
    (Argued March 10, 1915;
    decided March 26, 1915.)
    
      Davern v. Drew, 158 App. Div. 844, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 8, 1913, modifying, and affirming as modified, a judgment in favor of plaintiff entered upon a verdict in an action to recover for the plaintiff’s wrongful and unlawful arrest at the instigation of the defendant Drew, by police officers purporting to act under the authority of a warrant from the governor of New York state, calling for the arrest of the plaintiff’s brother, and for his improper arraignment before and commitment by a city magistrate.
    
      Paul Kieffer for appellant.
    
      Sumner B. Stiles and P. Henry Delehanty for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Willard Bartlett, Ch. J., Hiscock, Chase, Cuddeback, Hogan and Seabury, JJ. Not sitting: Miller, J.  