114 N.E. 114

JOSEPH A. McALEENAN, Respondent, Appellant, v. MASSACHUSETTS BONDING AND INSURANCE COMPANY, Appellant, Respondent.

Court of Appeals of the State of New York.Argued October 4, 1916
Decided October 24, 1916

Page 564

Herbert C. Smyth and John Purdon for plaintiff, respondent and appellant.

Clayton J. Heermance for defendant, appellant and respondent.

Order affirmed, without costs; first question certified answered in the negative; second question answered in the affirmative; no opinion.

Concur: HISCOCK, CHASE, CUDDEBACK, HOGAN, CARDOZO and POUND, JJ. Absent: WILLARD BARTLETT, Ch. J.

Page 565

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