
    Twelfth Ward Bank of the City of New York, Appellant, v. Charles Katz, Respondent.
    
      Twelfth Ward Bank v. Kate, 126 App. Div. 916, affirmed.
    (Argued October 22, 1909;
    decided November 9,1909.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 28, 1908, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in so far as it set forth a cause of action based upon an alleged guaranty of payment of the indebtedness of another.
    
      Maxwell G. Katz and Otto G. Sommerich for appellant.
    
      Jay 0. Guggenheimer for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Oh. J., Gray, Edward T. Bartlett, Haight, Werner, Willard Bartlett and Hiscock, JJ.  