Opinion
Argued June 7, 1934
Decided July 3, 1934
Appeal from the Supreme Court, Appellate Division, First Department.
Charles G.F. Wahle, Samuel Mezansky and Saul Grover Wlodaver for appellant.
Hieronimous A. Herold for respondent.
Judgment of the Appellate Division reversed and that of the Trial Term affirmed, with costs in this court and in the Appellate Division on the ground that the evidence presented a question of fact for the jury. No opinion.
Concur: POUND, Ch. J., CRANE, LEHMAN, O'BRIEN, HUBBS, CROUCH and LOUGHRAN, JJ.