
    Maynard N. Clement, as State Commissioner of Excise, Respondent, v. The Empire State Surety Company, Appellant, Impleaded with Another.
    
      Clement v. Umpire State Surety Co., 134 App. Div. 910, affirmed.
    (Submitted December 7, 1909;
    decided January 4, 1910.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 21, 1909, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court in an action to recover upon a liquor tax bond.
    
      Hugo Hirsch and Ferd W. Buermeyer for appellant.
    
      Royal R. Scott and Russel Headley for respondent.
   Judgment affirmed, with costs ; no opinion.

Concur: Cullen, Oh. J., Gray, Haight, Vann, Werner, Willard Bartlett and Hiscock, JJ.  