Majority
p. 918New York Life Insurance Company, Plaintiff, v. Marie Tur and Others, Defendants. Bernard Davis, Appellant; William Wills, as Receiver, Respondent.
Order affirmed on resubmission, with ten dollars costs and disbursements. No opinion. Mills, Rich, Putnam and Kelly, JJ., concurred; Blackmar, J., dissented on the ground that, in the state of the proof, especially in view of the fact that the assignment was under seal, he thinks the court should not pass upon it without sending it to a referee to take further proof and report, with his opinion.