Aitken v. Young — 200 N.Y. 501

Majority

p. 501

John Aitken, Individually, and as Trustee, Appellant, v. Charles H. Young, as Executor of George Ferguson, Deceased, et al., Respondents.

Headnote

Aitken v. Young, 130 App. Div. 897 , affirmed.

(Submitted October 28, 1910;

decided November 22, 1910.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 19, 1909, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term without a jury in an action to recover a surplus

p. 502

alleged to have remained from a sale on execution after satisfaction of judgment.

John Aitken, appellant, in person.

Albert Ritchie for respondents.

Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Haight, Vann, Willard Bartlett, Hiscock and Collin, JJ.