
    James B. Rathbone, as Trustee in Bankruptcy of the Elmira Steel Company, Respondent, v. F. Wayland Ayer, Appellant, Impleaded with Others.
    
      Bathbone v. Ayer, 121 App. Div. 355, reversed.
    (Argued June 9, 1909;
    decided October 5,1909.)
    Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered September 18, 1907, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial in an action to recover moneys alleged to have been wrongfully withdrawn from the assets of the Elmira Steel Company by defendant, a director thereof.
    
      David B. Hill, O. U. Kellogg and H. H. Rockwell for appellant.
    
      Frederick Gollm and Edward G. Herendeen for respondent.
   Order of Appellate Division reversed and judgment of Trial Term affirmed, with costs in both courts, on dissenting opinion of Kellogg, J., below.

Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Haight, Yann and Willard Bartlett, JJ. Not sitting: Chase, J.  