Timothy Mahoney, Respondent, v. George Bernhard et al., Defendants, and Henry W. Schmidt et al., as Executors of Henry Clausen, Jr., Deceased, et al., Appellants, and Edward H. Hobbs et al., as Receivers of the Murray Hill Bank, Respondents

Timothy Mahoney, Respondent, v. George Bernhard et al., Defendants, and Henry W. Schmidt et al., as Executors of Henry Clausen, Jr., Deceased, et al., Appellants, and Edward H. Hobbs et al., as Receivers of the Murray Hill Bank, Respondents. Mahoney v. Bernhard, 45 App. Div. 449, affirmed. (Argued December 11, 1901; decided December 31, 1901.) Appeal from a final judgment of the Supreme Court, entered May 10, 1900, upon an order of the Appellate Division in the first judicial department, modifying and affirming as modified an interlocutory judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. Louis Marshall, Samuel F. Jacobs, Benjamin N. Gardozo, A. J. Simpson and Gharles K. Beekman for appellants. Henry D. Hotchkiss, William G. Breed and Henry H. Abbott for respondents. [MAJORITY] Judgment affirmed, with costs, on opinion below. Concur: Parker, Ch. J., Gray, O’Brien, Haight, Landon, Cullen and Werner, JJ.