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The People of the State of New York Ex Rel. Frederick R. McCullough, Respondent, v. Sheriff of Kings County, Defendant, and Maryland Casualty Company, Appellant
Order of the Appellate Division reversed and that of the Special Term affirmed, with costs in this court and in the Appellate Division on the authority of Townsend v. Whitney (75 N. Y. 425).
Concur: Cardozo, Ch. J., Pound, Crane, Kellogg, O’Brien and Hubbs, JJ. Not sitting: Lehman, J.