
    CLEMENT, State Excise Com'r, Respondent, v. EMPIRE STATE SURETY CO., Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    July 6, 1909.)
    Action by Maynard N. Clement, as State Commissioner o~ Excise, against the Empire State Surety Company.
   No opinion. Judgment affirmed, with costs, upon the opinion of Kruse, J., upon former appeal in same case, reported at 126 App. Div. 215, 110 N. Y. Supp. 418.  