
    Oliver C. Latimer, Respondent, v. Frank H. McKinnon, as Administrator of the Estate of James R. Baumes, Deceased, Appellant.
    
      Latimer v. McKinnon, 142 App. Div. 920, affirmed.
    (Argued March 7, 1912;
    decided March 26, 1912.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 16, 1911, 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 an undertaking.
    
      C. L. Andrus for appellant.
    
      Wordsworth B. Matterson for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray,. Vann, Willard Bartlett, Chase and Collin, JJ. Not voting: Hisoock, J.  