Majority
p. 543City of Middletown, Respondent, v. The Ætna Indemnity Company of Hartford, Connecticut, Appellant, Impleaded with Others (Submitted October 13, 1909; decided October 29, 1909.)
Headnote
Gity of Middletown v. JBtna Indemnity Go., 137 App. Div. 914 , affirmed.Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 11, 1908, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial in an action to recover upon a surety bond.
Frank II. Finn for appellant.
Thomas Watts for respondent.
Judgment affirmed, with costs; there being no exception ■that presents the question of the allowance of interest on the penalty of the bond; no opinion.
Concur: Cullen, Oh. J., Edward T. Bartlett, Haight, Vann, Willard Bartlett, Hisoocit and Chase, JJ.