
    William Schall et al., Respondents, v. Byron R. Newton et al., Appellants.
    (Argued May 5, 1927;
    decided May 20, 1927.)
    
      Conversion — release by Collector of Port of imported goods without production of bills of lading.
    
    
      Schall v. Newton, 217 App. Div. 171, affirmed.
    Appeal from a judgment entered October 3, 1926, upon an order of the Appellate Division of the Supreme Court in the second judicial department, reversing a judgment in favor of defendants entered upon a verdict directed by the court and directing judgment in favor of plaintiffs. The action is in conversion, brought by the holders of bills of lading for imported goods against Byron R. Newton in his individual capacity, and United States Fidelity and Guaranty Company, on the ground that defendant Newton while Collector of the Port of New York, took into his possession and disposed of said goods without plaintiffs’ consent and contrary to the law then in effect, and that the defendant company procured and participated in the conversion by executing to the defendant Newton a bond indemnifying him for entering and releasing the goods without production of the bills of lading.
    
      William A. De Groot, United States District Attorney (Herbert H. Kellogg of counsel), for Byron R. Newton, appellant.
    
      William J. McArthur for United States Fidelity and Guaranty Company, appellant.
    
      Merle I. St. John, Charles Paul Brown and Hiram Thomas for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman and O’Brien, JJ. Dissenting: Kellogg, J.  