Majority
p. 702The People of the State of New York, Plaintiff, v. Heney C. Elfast et al., Individually and as Copartners under the Name of Elfast, Frisk & Company, et al., Defendants. Mildred K. Stillwaggon, Appellant; Arthur C. Frisk et al., Respondents. Argued March 2, 1944; decided May 25, 1944.
p. 703
John T. Trimble for appellant.
Henry Epstein and Nathaniel Whitehorn for Arthur C. Frisk, respondent.
David W. Kahn for Lou Lamb, respondent.
Orders modified so as to provide (1) for the allowance of the claim of Mildred K. Stillwaggon in the sum of $282.23 as to which amount she was able to trace moneys obtained from her by Henry C. Elfast into the Stock Exchange seat purchased by him; (2) by providing that the claim of Arthur C. Frisk, as liquidator of Elfast, Frisk & Co., be allowed; and (3) by providing that the claim of Arthur C. Frisk, individually, be disallowed, with costs in all courts to appellant Stillwaggon. No opinion.
Concur: LehmaN, Ch. J., LotjgheaN, Lewis, CoNway, and Thachek, JJ.