
    Gansevoort Bank, Respondent, v. Empire State Surety Company, Appellant.
    
      Gansevoort Bank v. Empire State Surety Oo., 123 App. Div. 331, reversed.
    (Argued March 2, 1909;
    decided March 16, 1909.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 18,1908, affirming a judgment in favor of plaintiff entered, upon a verdict directed by the court in an action to recover upon a surety bond.
    
      Beryja/min JReass for appellant.
    
      J. Campbell Thompson and JE. C. Crowley for respondent.
   Judgment reversed and new trial granted, costs to abide event, on dissenting opinion of Patterson, P. J., below.

Concur: Cullen, Ch. J., Werner, Willard Bartlett, Hiscock and Chase, JJ. Dissenting : Gray and Edward T. Bartlett, JJ.  