
    The People of the State of New York ex rel. Frederick R. McCullough, Respondent, v. Sheriff of Kings County, Defendant, and Maryland Casualty Company, Appellant.
    (Argued May 8, 1930;
    decided June 3, 1930.)
    
      
      Jacob J. Alexander, John T. Loughran and Edward J. Dowling for appellant.
    
      Francis P. 'Burns for respondent.
   Order of the Appellate Division reversed and that of the Special Term affirmed, with costs in this court and in the Appellate Division on the authority of Townsend v. Whitney (75 N. Y. 425).

Concur: Cardozo, Ch. J., Pound, Crane, Kellogg, O’Brien and Hubbs, JJ. Not sitting: Lehman, J.  