Majority
p. 943James E. Hughes, Respondent, v. The Breakwater Company, Appellant.
Headnote
Appeal from a judgment, entered on the 30th day of October, 1914, upon the verdict of a jury, and also from an order entered on the 5th day of Hovember, 1913, denying a motion for a new trial.Judgment and order affirmed, with costs. Ho opinion. Present— Ingraham, P. J., Laughlin, Clarke, Dowling and Hotchkiss, JJ.
I dissent upon the ground that the assumption of the debt of the bankrupt company by the defendant was without consideration, and the directors of the defendant had no power to assume such debt.