
    Maynard N. Clement, as State Commissioner of Excise, Respondent, v. James B. Beers et al., Appellants.
    
      Clement v. Beers, 134 App. Div. 962, affirmed.
    (Submitted December 13, 1910;
    decided January 3, 1911.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 5, 1909, affirming a judgment in favor, of plaintiff entered upon a verdict directed by the court in an action to recover on a liquor tax bond.
    
      Lucius A. Waldo and C. E. Hunter for appellants.
    
      Albert O. Briggs and Herbert H. Kellogg for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Gray, Werner, Hiscock, Chase and Collin, JJ. Dissenting: Cullen, Ch. J., and Willard Bartlett, J.  