
    Patrick W. Cullinan, as Commissioner of Excise of the State of New York, Respondent, v. Julius Stein, Defendant, and The Fidelity and Casualty Company of New York, Appellant.
    
      Gullinan y. Fidelity & G. Go., 84 App. Div. 392, affirmed.
    (Argued January 22, 1904;
    decided February 9, 1904.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered August 29, 1903, 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.
    
      Charles G. Nadal and Joseph L. Jelcmey for appellant.
    
      William E. Schenak for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Parker, Oh. J., Gray, O’Brien, Bartlett and Werner, JJ. Absent: Martin and Vann, JJ.  