
    BESDINE, Respondent, v. STEWART, Appellant.
    (Supreme Court, Appellate Division, Second Department.
    April 22, 1910.)
    Action by Bernard Besdine, doing business as Diamond Security Company against Emma H. Stewart.
   No opinion. Judgment of the Municipal Court reversed, and a new trial ordered, costs to abide the event, on the ground that the failure of the plaintiff to comply with section 440 of the Penal Law "(Consol. Laws, c. 40) deprived him of the right to maintain this action.  