Boenhardt v. Loch — 198 N.Y. 631

Majority

p. 631

Albin Boenhardt, Appellant, v. Jacob W. Loch et al., Respondents.

Headnote

Boenhardt v. Loch, 129 App. Div. 355 , affirmed.

(Argued May 11, 1910;

decided May 31, 1910.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 15, 1909, affirming a judgment in favor of plaintiff entered upon a dismissal of the complaint by the court on trial at Special Term in an action to compel distribution of a fund donated for the relief of sufferers from a public disaster.

Charles Goldzier and Louis J. Yorhaus for appellant.

Charles A. Decker and Edward B. O'Malley, Attorney-General, for respondents.

p. 632

Judgment affirmed, without costs. Any relief the plaintiff seeks must be obtained by application in the action brought by these defendants, to which the attorney-general was a party under the statute; no opinion.

Concur : Cullen, Ch. J., Gray, Haight, Yann, Willard Bartlett and Chase, JJ.