
    Thomas J. Dunn, Late Sheriff of the County of New York, Respondent, v. National Surety Company, Appellant.
    
      Dunn v. National Surety Go., 80 App. Div. 605, affirmed.
    (Argued February 15, 1904;
    decided March 4, 1904.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 16, 1903, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial.
    
      Charles E. Hughes and Arthur C. Hounds for appellant.
    
      Philip J. Britt for respondent.
   Judgment affirmed, with costs; no opinion. •

Concur: Parker, Ch. J., Haight, Martin, Yann and Werner, JJ. Dissenting: Gray and Cullen,. JJ.  