
    Bank of New York, Appellant, v. David G. Leggett, Respondent.
    Counsel appeared May 16, 1944;
    decided May 25, 1944.
    
      George W. Martin and Thomas B. Fenlon for appellant.
    
      Gerson C. Young and Kadel for respondent appearing specially.
   Concur: Lehman, Ch. J., Loughean, Lewis, Conway, Desmond and Thacheb, JJ. Taking no part: Rippey, J.  