Finlaw v. Wertheim ( 1936 )

Order affirmed, with costs, and question certified answered in the negative. Johnston v. Trask (116 N.Y. 136) has not been overruled or modified by DeWaal v. Jamison (226 N.Y. 644). (See, also, Hyman-Michaels Co. v. Senior Palmer, Inc.,265 N.Y. 266.) No opinion.

Concur: CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, CROUCH, LOUGHRAN and FINCH, JJ.