Opinion
Argued October 1, 1940
Decided November 13, 1940
Appeal from the Supreme Court, Appellate Division, Fourth Department, KENYON, J.
Elliott A. Horton for appellant.
Austin W. Erwin and Edwards P. Ward for respondent.
Judgment affirmed, with costs; no opinion.
Concur: LOUGHRAN, RIPPEY, SEARS and CONWAY, JJ. Dissenting: LEHMAN, Ch. J., FINCH and LEWIS, JJ.