
    TOWN OF WHITESTOWN v. TITLE GUARANTY & SURETY CO.
    (Supreme Court, Appellate Division, Fourth Department.
    December 29, 1911.)
    Action by the Town of Whitestown against the Title Guaranty & Surety Company."
   PER CURIAM.

Judgment affirmed, with costs, upon the opinion of Andrews,. J., delivered at Special Term, reported at 72 Misc. Rep. 498, 131 N. Y. Supp. 390.

McLENNAN, P. J.,

dissents, and votes for reversal, and ROBSON, J., dissents, and votes for a modification of the judgment.  