
    Hugh Doon, Respondent, v. American Surety Company of New York, Appellant.
    
      Doon v.American Surety Co., 110 App. Div. 215, affirmed.
    (Argued November 22, 1906;
    decided December 11, 1906.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 11,1906, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court and an order denying a motion for a new trial in an action against a surety on an undertaking.
    
      Henry W. Wiggins, Russell Wiggins and Henry O. Willcox for appellant.
    
      Herbert A. Heiyn for respondent.
   Judgment affirmed, with costs, on opinion below.

Concur: Cullen, Oh. J., Gray, Haight, Vann, Werner, Willard Bartlett and Hiscook, JJ.  