
    Adelbert G. Sergent, Appellant, v. The Liverpool and London and Globe Insurance Company, Respondent.
    
      Sergent v. Liverpool & London & Globe Ins. Co., 120 App. Div. 904, reversed.
    (Argued October 13, 1908;
    decided November 10, 1908.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered August 6, 1907, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover upon a policy of fire insurance.
    
      Andrew G. Washbon for appellant.
    
      Charles D. Thomas for respondent.
   Judgment reversed and new trial granted, costs to abide event, on authority of same case (155 N. Y. 349).

Concur: Cullen, Ch. J., Edward T. Bartlett, Haight, Werner, Willard Bartlett and Hiscook, JJ. Not voting: Gray, J.  