
    James Harley, Respondent, v. Hannah E. Plant, as Executrix of Humphrey L. Plant, Deceased, et al., Appellants.
    
      Harley v. Plant, 168 App. Div. 931, affirmed.
    (Argued May 2, 1916;
    decided May 23, 1916.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 28, 1915, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury in an action to recover upon a bond executed by the two defendants, to discharge a mechanic’s lien filed with the comptroller of the city of New York by the plaintiff against funds due one Peter Guthy on a municipal contract, the validity of the lien having been established in a previous action in which the sureties were not parties.
    
      James Troy and Frank S. Angell for appellants.
    
      George W. Titcomb and Frank E. Johnson, Jr., for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Willard Bartlett, Ch. J., Chase, Cuddeback, Cardozo, Seabury and Pound, JJ. Not voting: Collin, J.  