Springs v. James — 202 N.Y. 603

Majority

p. 603

Richard A. Springs et al., Respondents, v. David W. James, Appellant.

Headnote

Springs v. James, 137 App. Div. 110 , affirmed.

(Argued May 11, 1911;

decided, June 13, 1911.)

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 24, 1910, modifying and affirming as modified a judgment in favor of plaintiffs entered upon the report of a referee in an action to recover money alleged to have been paid out for the benefit of defendant.

p. 604

Herbert D. Mason, Victor Lamar Smith and William L. Ransom for appellant.

John R. Abney and Edward D. Brown for respondents.

Judgment affirmed, with costs; no opinion.

Concur: Haight, Werner, Willard Bartlett, Chase and Collin, JJ. Not voting: Cullen, Ch. J., and Hisoook, J.