
    Marco D. Gnozzo, Individually and as a Stockholder of Commercial Trust Company of Buffalo, Appellant, against Marine Trust Company of Buffalo, Respondent.
    Argued October 2, 1940;
    decided October 18, 1940.
    
      
      Charles J. Margiotti, John E. Evans and Joseph A. Nevins for appellant.
    
      James McC. Mitchell, Daniel J. Kenefick and Laurence R. Goodyear for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey and Conway, JJ. Taking no part: Sears and Lewis, JJ.  