Opinion
Argued January 17, 1935
Decided February 26, 1935
Appeal from the Supreme Court, Appellate Division, First Department.
W. Montague Geer, Jr., William J. Donovan, George S. Leisure and Carl E. Newton for appellants.
I. Maurice Wormser and Nicholas Howard Pinto for respondent.
Judgment affirmed, with costs. Held, that the case was submitted to the jury on the theory on which it was tried. No opinion. (See 266 N.Y. 666.)
Concur: LEHMAN, O'BRIEN, HUBBS and LOUGHRAN, JJ. Dissenting: CRANE, Ch. J., and CROUCH, J. Not sitting: FINCH, J.