Sprague v. Walts — 208 N.Y. 624

Majority

p. 624

Jeanette Sprague, Appellant, v. Katherine L. Walts, as Executrix of Charles H. Walts, Deceased, Respondent.

Headnote

Sprague v. Walts, 151 App. Div. 949 , affirmed.

(Argued May 8, 1913;

decided May 23, 1913.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 8, 1912, affirming a judgment in favor of defendant entered upon the report of a referee in an action for money had and received, being the proceeds from the sale of certain houses belonging to the plaintiff which had been paid to defendant’s testator.

p. 625

Joseph Nellis and W. A. Nims for appellant.

Delos M. Cosgrove for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cullen, Oh. J., Werner, Willard Bartlett, Hiscock, Chase, Collin and Hogan, JJ.