Claim of Hospers v. J. Hungerford-Smith Co.

Award affirmed on the authority of Matter of Klein v. Stoller & Cook Co. (220 N. Y. 670); Matter of Fitzpatrick v. Blackall & Baldwin Co. (Id. 671), and Jenkins v. Hogan & Sons, Inc. (177 App. Div. 36), it having been found that the contract of employment was made in the year 1914. All concur, except John M. Kellogg, P. J., dissenting on the authority of Matter of Smith v. Heine Boiler Co. (224 N. Y. 9) and Matter of Gardner v. Horseheads Construction Co. (171 App. Div. 66).