Majority
p. 1108DURAND v. GREGORY et al. (Supreme Court, Appellate Division, Fourth Department. March 11, 1914.)
Headnote
Action by John E. Durand, as executor, etc., against John H. Gregory and others, as executors, etc., and another.No opinion. Action upon the submission ' dismissed, without costs, except actual disbursements. Held, that the plaintiff has no equitable right to compel the defendant Central Bank to proceed against the Wilder estate. Settle order before Mr. Justice Merrell on two days’ notice. Motion for rehearing denied, 147 N. Y. Supp. 1108.