
    J. W. Matthews and Company, Respondent, v. The Employers’ Liability Assurance Corporation, Limited, Appellant.
    
      Matthews & Go. v. Employers’ Liability Assur. Oorpn., Ltd., 127 App. Div. 195, affirmed.
    (Argued May 13, 1909:
    decided June 1, 1909.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 17, 1908, affirming a judgment in favor of plaintiff entered upon the report of a referee in an action to recover upon a policy of fidelity insurance.
    
      John A. Dutton for appellant.
    
      Henry Kohl and Benjamin MeClung for respondent.
   Judgment affirmed, with costs ; no opinion.

Concur: Edward T. Bartlett, Haight, Werner, Willard Bartlett, Hiscook and Chase, JJ. Absent: Cullen, Ch. J.  