
    Maynard N. Clement, as State Commissioner of Excise, Respondent, v. Bernard W. Curtis, Defendant, and American Fidelity Company, Appellant.
    
      Clement v. Curtis, 129 App. Div. 934, affirmed.
    (Argued 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 January 21, 1909, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for anew trial in an action to recover upon a liquor tax bond.
    
      Charles Newton for appellant.
    
      Daniel A. Reed and Russel Headley for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gbay, Haight, Vann, Webneb, Willabd Baktlett and Hisoook, JJ.  