Majority
p. 893National Fertilizer Company, Respondent, v. Elizabeth Gunther, Appellant, Impleaded with John Gunther, Jr., Defendant.
Judgment affirmed, with costs. No opinion. Jenks, P. J., Thomas and Woodward, JJ., concurred; Burr, J., voted to reverse upon the ground that there is no evidence competent against the defendant Elizabeth Gunther of fraudu
p. 894
lent intent, and upon the further ground that the evidence as to the statements of John Gunther, made in the absence of the defendant Elizabeth Gunther, appearing at folios 93, 97, 101, 106 and 108, was incompetent, with whom Carr, J., concurred.