
    Court of Appeals.
    Reported. 171 N. Y. 661.
    Patrick W. Cullinan, as State Commissioner of Excise, Respondent, v. Dobie R. Harley, Defendant, and the United States Fidelity, and Guaranty Company, Appellant.
    
      Lyman v. Earley, 65 App. Div. 614, affirmed.
    (Argued May 14, 1902;
    decided May 29, 1902.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 26, 1901, modifying and affirming as modified a judgment in favor of plaintiff entered upon a verdict directed by the court and an order denying a motion for a new trial.
    
      Louis Marshall for appellant.
    
      William Yanamee for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Parker, Ch. J., Gray, O’Brien, Bartlett, Haight, Martin and Vann, JJ.  