
    Virginia State Insurance Company, Respondent, v. American Fidelity Company, Appellant.
    
      Virginia State Ins. Co. v. American Fidelity Co., 162 App. Div. 922, affirmed.
    (Argued December 14, 1915;
    decided January 4, 1916.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 14, 1914, affirming a judgment in favor of plaintiff entered upon the report of a referee in an action to recover upon a fidelity bond, executed by defendant as surety, to recover for moneys alleged to have been embezzled, wrongfully abstracted and willfully misapplied by an agent. Three defenses were urged: First, that the bond did not by its terms cover the loss suffered; second, that certain statements made in the applications for the renewal of the bond in question were warranties and were untrue; third, that the moneys received by the agent for which the suit is brought were actually paid over to the respondent.
    
      Charles Newton for appellant.
    
      Hiram R. Wood for respondent.
   Judgment affirmed, with costs; no opinion.

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