
    Edward F. Baptiste, Appellant, v. Benjamin Haynes (Sued as B. Carl Haines) , Respondent.
   Judgment affirmed, with costs, the court being of opinion that plaintiff’s story is incredible as a matter of law. Kapper, Carswell and Scudder, JJ., concur; Lazansky, P. J., and Davis, J., dissent and vote to reverse upon the ground that there is a question of fact to be submitted to the jury.  