Judgment affirmed, with costs; no opinion.
Concur: Cullen, Ch. J., G-bay, Haight, Vann, Webner and Willabd Babtlltt, JJ. Dissenting: Hisoook, J.
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 *535denying 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.
197 N.Y. 534
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