Majority
p. 716Emritz Corporation, Appellant, v. Benjamin I. Brahms, Respondent.
Judgment affirmed, with costs. No opinion. Present — Finch, P. J., McAvoy, Martin, O’Malley and Townley, JJ.; O’Malley and Townley, JJ., dissent and vote for reversal of the judgment and a new trial, upon the ground that, in their opinion, the court committed error in charging that the certificate of stock had been placed in escrow; this issue, as well as the credibility.of the witness Singer, being for the jury.