Majority
p. 898In the Matter of the Application of Hugh F. Trainor, Respondent, for an Order Requiring Burton W. Gibson, Appellant, an Attorney and Counselor at Law, to Pay over Moneys Received by Him Belonging to Hugh F. Trainor.
Headnote
Appeal from an order entered in the New York county clerk’s office April 19, 1910, appointing a referee.The order appealed from should be modified so as to direct the referee to take proof-of the matters alleged in. the answer, as well as the petition, and by directing the referee to report the evidence taken by him, and as so modified affirmed; with ten dollars costs and disbursements against the appellant. Present — Ingraham, ’P. J., Laughlin, Clarke, Scott and Miller, JJ. Order modified as directed in opinion, and as so modified affirmed, with ten dollars costs and disbursements to respondent.