Vollmer v. Seligman — 294 N.Y. 746

Majority

p. 746

Henry Vollmer, Jr., as Trustee in Bankruptcy of Casper M. Bower, Appellant, v. Walter Seligman, Respondent.

Argued March 6, 1945;

decided April 12, 1945.

p. 747

Benjamin A. Chorosh and Martin Winter for appellant.

Wm. Dwight Whitney, Harold R. Medina, Jr., and Jack W. Robbins for respondent.

Judgment affirmed, with costs upon the ground that there was no proof of any breach of the agreement alleged in the thir-' teenth paragraph of the complaint. No opinion.

Concur: Lehman, Ch. J., Loughran, Lewis, Conway, Desmond, Thacher and Dye, JJ.