Beck v. Staudt — 208 N.Y. 566

Majority

p. 566

Elizabeth M. Beck, Appellant, v. John Staudt, as Executor of Joseph Huber, Deceased, et al., Respondents.

Headnote

Beck v. Staudt, 149 App. Div. 35 , affirmed.

(Argued March 28, 1913;

decided April 15, 1913.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 26, 1912, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term in an action to recover possession of certain bonds found in a safe deposit box' of Joseph Huber, deceased, marked with the name of the

p. 567

plaintiff and claimed to be her property; also, appeal from an order of said Appellate Division, entered November 4, 1910, which reversed an order of Special Term denying a motion by certain heirs at law for leave to intervene and granted said motion.

Benjamin E. Messier and Edward W. S. Johnston for appellant.

Gustav Lange, Jr., George H. Taylor, Jr., and Albert J. Appett for respondents.

Judgment affirmed, without costs; appeal from order dismissed, without costs; no opinion.

Concur: Cullen, Ch. J., Gray, Willard Bartlett, Chase, Cuddeback and Hogan, JJ. Not sitting: Miller, J.