Opinion
Argued November 21, 1946
Decided January 9, 1947
Appeal from the Supreme Court, Appellate Division, Third Department, BERGAN, J.
Charles J. Duncan for appellant.
J. Stanley Carter and Earl S. Jones for respondent.
Judgment affirmed, with costs; no opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, THACHER, DYE and FULD, JJ.