
    Maynard N. Clement, as State Commissioner of Excise of the State of New York, Appellant, v. David H. Smith et al., Respondents.
    
      Clement v. Smith, 128 App. Div. 859, affirmed.
    (Argued December 3, 1909;
    decided December 17, 1909.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered upon an order made November 27, 1908, affirming a judgment in favor of defendants entered upon a verdict directed by the court in an action to recover upon a liquor tax bond.
    
      S. H. Salisbury, Royal R. Scott, Albert O. Briggs and Russel Headley for appellant.
    
      Charles S. Mackenzie, Walter F. Wood and Thomas F. Curran for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Haight, Willard Bartlett, Hiscock and Chase, JJ.  