
    M. Inez Woods, Appellant, v. Mathew Micolino, Respondent.
    (Argued June 8, 1926;
    decided July 9, 1926.)
    
      Conversion — action to recover for alleged conversion of stock — defense that stock waS' given in payment of money embezzled.
    
    
      Woods v. Micolino, 215 App. Div. 785, affirmed.
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 27, 1926, unanimously affirming a judgment in favor of defendant entered upon a verdict. The action was to recover for the alleged conversion of certain shares of stock. The defense was that the stock had been turned over to defendant in partial payment of money embezzled from defendant and his family by plaintiff’s assignor.
    Judgment affirmed, with costs;
    
      Eugene L. Bondy for appellant.
    
      I. Maurice Wormser and Henry S. Mansfield for respondent.
   no opinion.

Concur: Hiscock, Ch. J., Cardozo, Pound,McLaughlin, Crane, Andrews and Lehman, JJ.  