Majority
p. 539Thomas E. Shea, as Trustee in Bankruptcy of the Estate of Irving Spitzer & Company, Inc., Respondent, v. Riverview Canning Company, a Foreign Corporation, Appellant. First Department, January 30, 1931.
Samuel D. Jones [J. Chris. Murray with him on the brief], for the appellant.
Alexander P. Blanck, for the respondent.
For the reasons stated in the opinion of Martin, J., in Shea v. Falls Canning Co. ( 231 App. Div. 535 ), handed down herewith, the judgment and order appealed from should be reversed, with costs, and the motion denied, with ten dollars costs.
Present — Dowling, P. J., Merrell, Martin, 0’Mali.ey and Sherman, JJ.; Merrell, J., dissents.
Judgment and order reversed, with costs, and motion denied, with ten dollars costs.