
    HUGHES v. BREAKWATER CO.
    (No. 5992.)
    (Supreme Court, Appellate Division, First Department.
    June 19, 1914.)
    Appeal from Trial Term, New York County. Action by James E. Hughes against the Breakwater Company. Judgment for plaintiff, and defendant appeals. Affirmed.
    Emanuel J. Myers, of New York City, for appellant.
    Horace L. Cheyney, of New York City, for respondent.
   PER CURIAM.

Judgment and order affirmed, with costs.

INGRAHAM, P. J.

(dissenting). I dissent, upon the ground that the assumption of the debt of the bankrupt company by the defendant was without consideration, and the directors of the defendant had no power to assume such debt.  