
    Augustus K. Sloan, Respondent, v. National Surety Company, Appellant.
    (Argued April 10, 1907;
    decided April 30, 1907.)
    
      Sloan v. National Surety Co., 111 App. Div. 94, affirmed.
    Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 9, 1906, which reversed a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and an order denying a motion for a new trial and granted a new trial in an action to recover upon two indemnity bonds.
    
      William B. Ilornblower, Charles A. Boston and William . J. Griffin for appellant.
    
      Albert R. Ilager for respondent.
   Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.

Concur: Cullen, Ch. J., O’Brien, Haight, Yann, ITiscook and Chase, JJ. Not sitting : Edward T. Bartlett, J.  