
    Jacob Bayer Lumber Company, Respondent, v. Massachusetts Bonding and Insurance Company, Appellant.
    (Argued January 19, 1915;
    decided February 2, 1915.)
    
      Bayer Lumber Co. v. Massachusetts Bonding & Ins. Co., 155 App. Div. 894, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 7, 1913, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover upon a surety bond.
    
      Horace L. Cheyney for appellant.
    
      Burl D. Whedon for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Willard Bartlett, Ch. J., Hiscock, Chase, Cuddeback, Miller, Cardozo and Seabury, JJ.  