International Acceptance Bank, Inc. v. Reith

Order affirmed, with ten dollars costs and disbursements. No opinion. Present — Dowling, P. J., Merrell, Finch, McAvoy and O’Malley, JJ.; Finch, J., dissents.

(dissenting). I dissent and vote to reverse the order appealed from and grant the motion, upon the ground that no custom or usage can control an established rule of law. As directly applicable to the case at bar, see Bigelow v. Legg (102 N. Y. 652). (See, also, Gravenhorst v. Zimmerman, 236 N. Y. 22; Wheeler v. Newbould, 16 id. 392, and Higgins v. Moore, 34 id. 417.)