
    David Murphy, Respondent, v. The United States Fidelity and Guaranty Company, Appellant.
    
      Murphy v. U. S. Fidelity & Guaranty Co., 100 App. Div. 98, affirmed.
    (Argued February 2, 1906;
    decided February 27, 1906.)
    Appeal from a judgment of the Appellate Division, of the Supreme Court in the fourth judicial department, entered January 12, 1905, affirming a judgment in favor of plaintiff entered upon the report of a referee.
    
      Thomas Hogan for appellant.
    
      William F. Hodge for respondent.
   Judgment affirmed, with costs; no opinion.

Concur; Cullen, Ch. J., Gray, O’Brien, Edward T. Bartlett, Werner and Chase, JJ. Not sitting: "Hisoook, J.  