
    City of Middletown, Respondent, v. The Ætna Indemnity Company of Hartford, Connecticut, Appellant, Impleaded with Others
    
      Gity of Middletown v. JBtna Indemnity Go., 137 App. Div. 914, affirmed.
    (Submitted October 13, 1909;
    decided October 29, 1909.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 11, 1908, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial in an action to recover upon a surety bond.
    
      Frank II. Finn for appellant.
    
      Thomas Watts for respondent.
   Judgment affirmed, with costs; there being no exception ■that presents the question of the allowance of interest on the penalty of the bond; no opinion.

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