
    Millard Construction Company, Respondent, v. Maurice Deiches, as Receiver of The Ætna Indemnity Company, Appellant.
    
      Millard Construction Co. v. Deiches, 150 App. Div. 71, affirmed,
    (Argued April 2, 1913;
    decided April 22, 1913.)
    Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 12, 1912, reversing a judgment in favor of defendant entered upon a verdict directed by the court and granting a new trial in an action to recover upon an indemnity bond.
    
      George M. Mackellar, Martin A. Schenck and T. . Tileston Wells for appellant.
    
      Wilbur L. Ball for respondent.
   Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.

Concur: Cullen, Ch. J., Willard Bartlett, His-cook, Chase, Cuddebaok and Hogan, JJ.. Not. sitting: Miller, J.  