Opinion
Argued April 8, 1943
Decided June 10, 1943
Appeal from the Supreme Court, Appellate Division, First Department, McCOOK, J.
Harry Bijur for appellants.
Horace R. Lamb and Homer Crawford for Edna R. Carlisle et al., as executors of Floyd L. Carlisle, deceased, and another, respondents.
Ralph M. Carson and Francis W. Phillips for George Whitney, respondent.
Judgment affirmed, with costs; no opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, RIPPEY, LEWIS and DESMOND, JJ. CONWAY, J., dissents upon the ground that a cause of action is stated in paragraphs 71 to 81 inclusive of the amended complaint. Taking no part: FINCH, J.