Kilhoffer v. Russell

Appellate Division of the Supreme Court of New York

Kilhoffer v. Russell

157 A.D. 900, 141 N.Y.S. 1126

Appellate Division of the Supreme Court of the State of New York·Decided May 15, 1913·Published

Opinion

Judgment modified by striking therefrom all provisions for recovery by plaintiff except as to the surplus fund of $234.72 deposited with the treasurer of Erie county and interest and the costs, to be taxed, and as so modified affirmed, without costs of this appeal to either party. Held, plaintiff’s right to recover against the defendant EEa M. RusseE is limited to the surplus fund for the reasons stated in Phipps v. Sedgwick (95 U. S. 3). A11 concurred.

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Judgment modified by striking therefrom all provisions for recovery by plaintiff except as to the surplus fund of $234.72 deposited with the treasurer of Erie county and interest and the costs, to be taxed, and as so modified affirmed, without costs of this appeal to either party. Held, plaintiff’s right to recover against the defendant EEa M. RusseE is limited to the surplus fund for the reasons stated in Phipps v. Sedgwick (95 U. S. 3). A11 concurred.

Kilhoffer v. Russell, 157 A.D. 900, 141 N.Y.S. 1126 (N.Y. Ct. App. 1913).

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Opinion

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