Opinion
Argued May 13, 1930
Decided June 3, 1930
Appeal from the Supreme Court, Appellate Division, Fourth Department.
Charles E. Spencer for appellant.
Clifford H. Searl for William Post, as guardian ad litem, et al., respondents.
Daniel Scanlon for Talmadge C. Cherry as temporary receiver of Empire State Railroad Corporation, respondent.
Order affirmed, with costs. Questions certified answered in the affirmative; no opinion.
Concur: CARDOZO, Ch. J., POUND, CRANE, KELLOGG, O'BRIEN and HUBBS, JJ. Not sitting: LEHMAN, J.