Opinion
Argued May 20, 1940
Decided June 4, 1940
Appeal from the Supreme Court, Appellate Division, Second Department, FURMAN, J.
Harry J. McDermott for appellant.
Earl S. MacArthur and Louis H. Cooke for defendant, respondent.
Judgment affirmed, with costs; no opinion.
Concur: LOUGHRAN, FINCH, RIPPEY, SEARS, LEWIS and CONWAY, JJ. Taking no part: LEHMAN, Ch. J.