Majority
p. 919Post & McCord, Appellant, Respondent, v. The City of New York, Respondent, Appellant, Impleaded with The New York State Construction Company, Respondent. Vulcan Rail and Construction Company, Appellant, and Others, Defendants.
Judgment affirmed, with costs. No opinion. Present — Ingraham, P. J., Laughlin, Scott, Dowling and Hotchkiss, JJ. (Ingraham, P. J., and Hotchkiss, J., dissented, so far as the decision sustains the assignment made to the Coal and Iron National Bank upon the ground that that assignment was made by the New York State Construction Company with intent to create a preference.)[1]
* See Stock Corp. Law (Consol. Laws, chap. 59; Laws of 1909, chap. 61), § 66.—[Rep.