The judgment should be affirmed. In this case there is proof, lacking in People v. Berman (278 N.Y. 408), decided herewith, of a delivery even though insufficient to pass title.
The judgment should be affirmed.
LEHMAN, O'BRIEN, HUBBS, LOUGHRAN and FINCH, JJ., concur; RIPPEY, J., dissents; CRANE, Ch. J., taking no part.
Judgment affirmed. *Page 416