Opinion
Argued December 5, 1933
Decided January 9, 1934
Appeal from the Supreme Court, Appellate Division, Third Department.
Everett F. Warrington for appellant.
John J. McNamee for respondent.
Judgment affirmed, with costs; no opinion.
Concur: POUND, Ch. J., O'BRIEN, HUBBS and CROUCH, JJ. Dissenting: CRANE, LEHMAN and KELLOGG, JJ.