
    Max Kirson, Appellant, v. Julius Rosenbaum, Respondent.
   Hasbrouck, J. (dissenting).

I dissent on the ground that the evidence shows beyond dispute that plaintiff was employed by the defendant and that he did not pay the plaintiff for his services. It was the duty of the court to find the value of such services or the evidence relating thereto or to order the case continued to supply evidence of such value in the interest of justice. As the case stands upon appeal it would appear that the court had failed in its function.  