
    Pietro Benveg-na, Respondent, v. United Surety Company, Appellant.
    
      Bemegna v. United Surety Co., 132 App. Div. 925, affirmed.
    (Argued October 5, 1909;
    decided November 23, 1909.)
    Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 14, 1909, which' reversed a judgment of 
      Special Term overruling a demurrer to the answer and dismissing the complaint in an action to recover upon a surety bond.
    The following question was certified: “ Does the plaintiff's complaint set forth facts sufficient to constitute a cause of action ? ”
    
      Edwin Bhmenstiel for appellant.
    
      Nelson L. Keach for respondent.
   Order affirmed, with costs; question certified answered in the affirmative on opinion in case of Musco v. United Surety Co. (196 N. Y. 459).

Concur: Cullen, Ch. J., Edward T. Babtlett, Haight, Vann. Willard Bartlett, Hiscook and Chase, JJ.  