Opinion
Argued March 2, 1959
Decided April 17, 1959
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JAMES S. BROWN, JR., J.
A. Harold Frost, Frederick Mellor, Charles M. Mattingly, Jr., and Thomas P. Dwyer for appellant.
Joseph P. Allen and Thomas V. McMahon for respondent.
Judgment affirmed, without costs; no opinion.
Concur: Judges DESMOND, DYE, FULD and BURKE. Chief Judge CONWAY and Judges FROESSEL and VAN VOORHIS dissent and vote to reverse upon the ground that the circumstantial evidence created a question of fact to be submitted to the jury.