Opinion
Argued September 28, 1937
Decided October 12, 1937
Appeal from the Supreme Court, Appellate Division, Fourth Department.
Howard T. Saperston and Daniel N. McNaughton for appellant.
James C. Sweeney for respondents.
Order affirmed, with costs; no opinion.
Concur: CRANE, Ch. J., O'BRIEN, LOUGHRAN, FINCH and RIPPEY, JJ. LEHMAN and HUBBS, JJ., dissent on the ground that there is no evidence the withdrawals were intended as dividends.