Opinion
Argued February 10, 1930
Decided March 18, 1930
Appeal from the Supreme Court, Appellate Division, Third Department.
George F. Roesch, 2d, for appellant.
Hamilton Ward, Attorney-General ( E.C. Aiken of counsel), for respondent.
Order affirmed, with costs; no opinion.
Concur: POUND, CRANE, LEHMAN, KELLOGG and HUBBS, JJ. Dissenting: CARDOZO, Ch. J., and O'BRIEN, J.