Opinion
May, 1929.
Present — Sears, P.J., Crouch, Edgcomb, Thompson and Crosby, JJ.
Judgment and order affirmed, with costs. All concur, except Crouch, J., who dissents and votes for reversal on the ground that the defense cannot be fairly said to be sham; that the plaintiff's proof in support of its claim is interested and, under the circumstances shown by the affidavits, cannot be said to be free from suspicion; that, therefore, there was an issue for trial.