
    James B. Swing, as Trustee for the Creditors of The Union Mutual Fire Insurance Company of Cincinnati, Appellant, v. George A. Dayton, Respondent.
    
      Swing v. Dayton, 124 App. Div. 58, affirmed.
    (Argued June 10, 1909;
    decided October 5, 1909.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 22, 1908, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term in an action to recover an assessment against the defendant as a policyholder in an insolvent fire insurance company.
    
      E. G. Herendeen and Patterson A. Reece for appellant.
    
      II. II. Rockwell for respondent.
   Judgment affirmed, with costs, on opinion below.

Concur: Cullen, Oh. J., Gray, Edward T. Bartlett, Haight, Vann, Willard Bartlett and Chase, JJ.  