
    CATAROUOZZOLO v. SITO et al.
    (Supreme Court, Appellate Division, Second Department.
    June 4, 1909.)
    Action by Felice Catarouozzolo against Gennaro Sito and another.
   PER CURIAM.

Judgment of the Municipal Court reversed, and new trial ordered, costs to abide the event, on the ground that the evidence of the declaration of Sito, four months after-wards, to the plaintiff, that he did not remit the money, was allowed against the surety, and without such evidence judgment could not be rendered.  