Opinion
May 24, 1944.
Present — Cunningham, P.J., Taylor, Dowling, Harris and McCurn, JJ.
Order affirmed, with ten dollars costs and disbursements. All concur, except Dowling, J., not voting. (The order denies plaintiff's motion for summary judgment in a creditor's action to recover a certain amount of taxes on admissions alleged to have been collected at defendant's theatre and never paid to the United States Government but converted by defendant to his own use.)