Sherman v. Satterlee — 52 N.Y. St. Rep. 931

Majority

p. 931

Roger M. Sherman App'lt, v. Herbert L. Satterlee, Resp't.

Appeal from judgment entered on verdict for defendant directed by the court. Action for money had and received.

Joseph A. Thompson, for app’lt; Henry W. Hardon, for resp’t.

We think the trial judge made the proper disposition of this action at the circuit and that the appeal is destitute of merit.

p. 932

Whatever may he 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.

Barnard, P. J., and Pratt, J., concur.