
    Antoinette Badie, as Administratrix of the Estate of Jean Badie, Deceased, Respondent, v. Illinois Surety Company, Appellant, Impleaded with Another.
    
      Badie v. Illinois Surety Co., 160 App. Div. 884, affirmed.
    (Argued October 26, 1915;
    decided November 16, 1915.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 10, 1914, affirming a judgment in favor ' of plaintiff entered upon a decision of the court on trial at Special Term in an action upon a surety bond executed by defendant, appellant, to secure the faithful performance by a surviving partner of his duties in winding up the affairs of the copartnership. In an action by plaintiff against said surviving partner it was found that he had converted the assets of the copartnership to his "own use and judgment was entered in favor of plaintiff for an amount found due her. Defendant claims that it is not liable upon its bond for the reason that it was not made a party to the action against its principal.
    
      Nelson L. Keach for appellant.
    
      Frederick P. Randolph and George H. Francoeur for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Willard Bartlett, Ch. J., Chase, Cuddeback, Hogan, Cardozo and Pound, JJ. Not voting: Hiscock, J,  