14 N.E.2d 211

ALVIN M. HIGGINS, Appellant, v. WILTHUR NEWSPAPERS, INC., et al., Respondents.

Court of Appeals of the State of New York.Argued March 1, 1938
Decided March 15, 1938

Appeal from the Supreme Court, Appellate Division, Second Department.

Page 667

Robert H. Elder and Otho S. Bowling for appellant.

Charles Blank, James Dempsey and Robert E. Dempsey for respondents.

Order affirmed, with costs, and question certified answered in the negative. No opinion.

Concur: CRANE, Ch. J., LEHMAN, O’BRIEN, HUBBS, LOUGHRAN and FINCH, JJ. Dissenting: RIPPEY, J.

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