
    Town of Whitestown, Appellant and Respondent, v. The Title Guaranty and Surety Company, Respondent and Appellant.
    
      Town of Whitestown v. Title Guaranty & Surety Co., 148 App. Div. .900, affirmed.
    (Argued May 23, 1913;
    decided June 10, 1913.)
    Cross-appeals from a judgment of the Appellate-Division of the Supreme Court in the fourth judicial department entered January 10, 1912, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action to recover upon a fidelity bond.
    
      G. C. Morehouse for plaintiff, appellant and respondent.
    
      George E. Dennison for defendant, respondent and appellant.
   Judgment affirmed, without costs to either party; no opinion.

Concur: Cullen, Ch. J., Gray, Willard Bartlett, Chase, Cuddeback, Hogan and Miller, JJ.  