Opinion
Argued April 30, 1936
Decided July 8, 1936
Appeal from the Supreme Court, Appellate Division, First Department.
Orison S. Marden and Charles J. Fay for plaintiff; appellant and respondent.
Justus Scheffield, Philip A. Carroll and Jack D. Gunther for Chemical Bank and Trust Company, defendant, respondent and appellant.
Walbridge S. Taft, Malcolm S. Langford and Whitman Knapp for The Midnight Mission, defendant, appellant and respondent.
Judgment modified to the extent that plaintiff's complaint against The Midnight Mission is dismissed, with costs in all courts to The Midnight Mission against the plaintiff, and the judgment otherwise affirmed, with costs to the plaintiff against Chemical Bank and Trust Company, and with costs to Chemical Bank and Trust Company against The Midnight Mission. No opinion.
Concur: CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, CROUCH, LOUGHRAN and FINCH, JJ.