
    James Day, Appellant, v. The Sun Insurance Office, Respondent.
    (Argued April 25, 1901;
    decided May 10, 1901.)
    
      Day v. Sun Insurance Office, 40 App. Div. 305, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 18, 1899, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term,.
    
      L. L. Van Allen and James Day for appellant.
    
      Allan McCulloh for respondent.
   Judgment affirmed, with costs, on opinion below.

Concur: Parker, Ch. J., O’Brien, Bartlett, Martin, Vann, Landon and Cullen, JJ.  