
    Charles E. Clarke, Respondent, v. Herman C. G. Luyties, Appellant.
    
      Clarke v. Luyties, 120 App. Div. 880, affirmed.
    (Argued October 15, 1908;
    decided November 10, 1908.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 29, 1907, 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 a balance alleged to be due on a written contract of guaranty.
    
      Edward J. McGanney for appellant.
    
      Nathaniel Cohen for respondent.
   Judgment affirmed, with costs ; no opinion.

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