Opinion
Argued November 18, 1930
Decided December 2, 1930
Appeal from the Supreme Court, Appellate Division, Second Department.
Thomas A. Clarke, Bernard J. Vincent and Clarence E. Mellen for appellant.
Samuel D. Spector, A.G. Grayzel and Simeon F. Gross for respondent.
Judgment affirmed, with costs; no opinion.
Concur: CARDOZO, Ch. J., POUND, CRANE and LEHMAN, JJ. Dissenting: KELLOGG, O'BRIEN and HUBBS, JJ., on the ground that the bond of the defendant indemnified the plaintiff against loss and that the plaintiff has sustained none.