Opinion
Argued May 23, 1941
Decided June 19, 1941
Appeal from the Supreme Court, Appellate Division, Second Department, STODDART, J.
S. Frederick Placer and George J. Gruenberg for appellants.
Frederick Mellor and William Butler for respondent.
Judgment affirmed, with costs; no opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, LEWIS and DESMOND, JJ. RIPPEY and CONWAY, JJ., dissent on the ground that the credibility of the testimony produced by the defendant should have been submitted to the jury.