Sherman v. Satterlee — 23 N.Y.S. 1145

Majority

p. 1145

SHERMAN, Appellant, v. SATTERLEE, Respondent.

(Supreme Court, General Term, Second Department.

May 8, 1893.)

Headnote

Appeal from circuit court, Queens county.

Action by Roger M. Sherman against Herbert L. Satterlee for money had and received.

Joseph A. Thompson, for appellant

Henry W. Hardon, for respondent.

We think the trial judge made the proper disposition of this action at the circuit, and that the appeal is destitute of merit. Whatever may be said about the title of the defendant to the fund in controversy, there is no reason why it should be recovered by the plaintiff.

The judgment should be affirmed, with costs.