
    Marion C. Schaffer, Respondent, v. Charles A. Miller, Doing Business under the Trade Name of Eclipse Box and Lumber Company, Appellant.
    
      Schaffer v. Miller, 163 App. Div. 892, affirmed.
    (Submitted April 28, 1916;
    decided May 12, 1916.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 25, 1914, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for malicious prosecution. 'Plaintiff, a lumber salesman employed by defendant, sold certain lumber and received payment therefor which he failed to pay over to the defendant. Thereafter, on the affidavit of defendant’s manager charging plaintiff with larceny, he was arrested, admitted to bail and thereafter discharged by the magistrate.
    
      Frederick W. Block for appellant.
    
      Martin L. Stover and Hardie B. Walmsley for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Willard Bartlett, Ch. J., Hiscock, Chase, Collin, Hogan, Cardozo and Seabury, JJ.  