Majority
p. 968Everett I. Weaver, Appellant, v. Pacific Improvement Company and Others, Respondents. Frank Sullivan Smith, Individually and as Receiver of Pittsburgh, Shawmut and Northern Railroad Company, etc., Appellants, v. Pacific Improvement Company and Others, Respondents.
Appeal in each case transferred to the Appellate Division, Second Department, in furtherance of justice, to be there heard and determined, pursuant to section 231 of the Code of Civil Procedure. Clark, J., being disqualified and not sitting.