Majority
p. 792Business Advisory Bureau, Inc., as Assignee of Francis G. Hubbard, Trustee in Bankruptcy of Mexican American Habanero Corporation, Appellant, v. Federico Stallforth, Respondent. Argued November 23, 1942; decided January 14, 1943.
p. 793
Samuel Rubin for appellant.
Benjamin Busch, Otto C. Sommerich and Maxwell C. Katz for respondent.
Judgment affirmed, with costs; no opinion.
Concur: Lehman, Ch. J., Loughkan, Rippey, Lewis and Conway, JJ. Dissenting: Finch and Desmond, JJ., dissent on the ground that it does not sufficiently appear that plaintiff cannot produce additional proof in support of the averments of the complaint.