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Kilhoffer v. Russell

141 N.Y.S. 1126 Court N.Y. App. Div. Decision date 1913-05-21 English

Contents

Majority

p. 1126
KILHOFFER, Respondent, v. RUSSELL et al., Appellants.
(Supreme Court, Appellate Division, Fourth Department.
May 21, 1913.)

Headnote

Action by William C. Kilhoifer, as trustee in bankruptcy,, etc., against Charles B. Russell and others.

Judgment modified, by reducing the amount of plaintiff’s recovery to an amount sufficient, with the amount now on hand and any amount plaintiff may realize on the judgment recovered against Ella M. Russell, to pay the $7,902.85 claims of creditors as proven and allowed and the fees and reasonable expenses of plaintiff as trustee, and, as so modified," affirmed, without costs of this appeal to either party. Settle order before Mr. Justice Foote on two days’ notice.