
    Buffalo Commercial Insurance Company, Appellant and Respondent, v. Eugene A. Georger et al., Appellants, and J. Henrietta Hoffeld, as Executrix of Rudolph Hoffeld, Deceased, et al., Respondents.
    
      Buffalo Commercial Ins. Co. v. Georger, 128 App. Div. 914, affirmed.
    (Argued February 25, 1910;
    decided March 15, 1910.)
    Cross-appeals from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 24, 1908, which affirmed a judgment in favor of plaintiff against defendants, appellants, and dismissing the complaint as to the defendants, respondents, entered upon a decision of the court at a Trial Term without a jury in an action to recover upon a contract of guaranty.
    
      Edward R. O'Malley and Fred Greiner for plaintiff, appellant and respondent.
    
      
      Louis L. Babcock, .Robert F. Schelling aud Charles P. Norton for defendants, appellants.
    
      Charles M. Harrington, John C. Hubbell and H. B. Van Peyma for defendants, respondents.
   Judgment affirmed, without costs ; no opinion.

Concur: Cullen, Olí. J., Gray, Edward T. Bartlett, Willard Bartlett and Chase, JJ. Not sitting: Haight, J. Absent: Yann, J.  