Majority
p. 747First Trust & Deposit Company, Appellant, v. Middlesex Mutual Fire Insurance Company, Respondent. Argued December 4, 1940; decided December 31, 1940.
p. 748
H. Duane Bruce for appellant.
Abram G. Senior and Morgan F. Bisselle for respondent.
Judgment affirmed, with costs, on the ground that the fraud of the defendant’s agent was not perpetrated in the course of the agent’s employment. No opinion.
Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Sears and Conway, JJ. Taking no part: Lewis, J.