
    Maynard N. Clement, as State Commissioner of Excise, Respondent, v. Clarence Vogel, Defendant, and The Fidelity and Casualty Company of New York, Appellant.
    
      Clement v. Yogel, 132 App. Div. 947, affirmed.
    (Argued December 6, 1909;
    decided January 4, 1910.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 29, 1909, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court and an order denying a motion for a new trial in an action to recover upon a liquor tax bond.
    
      Charles Newton for appellant.
    
      Daniel A. Reed and Russel Headley for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., G-bay, Haight, Vann, Webner and Willabd Babtlltt, JJ. Dissenting: Hisoook, J.  