
    H. Allen Wagener, Respondent, v. The Fidelity and Casualty Company of New York, Appellant.
    (Submitted May 9, 1907;
    decided May 28, 1907.)
    
      Wagener v. Fidelity & Casualty Co., 114 App. Div. 916, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 18, 1906, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial in an action to recover upon a policy of accident insurance.
    
      
      John Gillette for appellant.
    
      M. A. I.,eary for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Gray, O’Brien, Vann, Werner, Willard Bartlett and Chase, JJ. Absent: Cullen, Ch. J.  