
    E. R. Thomas Motor Branch Company, Respondent, v. United States Fidelity and Guaranty Company Appellant.
    
      Thomas Motor Branch Co. v. U. S. Fidelity & Guaranty Co., 153 App. Div. 32, affirmed. >
    
    (Argued May 4, 1914;
    decided June 2, 1914.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first" judicial department, entered December 6, 1912, reversing a judgment in favor of defendant entered upon a verdict directed by the court and directing judgment for the plaintiff in an action to recover upon an undertaking.
    
      Benjamin E. Messler for appellant.
    
      William B. Garswell and G. A. McLaughlin for respondent.
   Judgment affirmed, with costs, on opinion of Miller, J., below.

Concur: Werner, Hiscock, Collin, Cuddeback and Cardozo, JJ. Absent: Willard Bartlett, Ch. J. Not sitting: Miller, J.  