Alfred B. Chace, Frederick J. Longley and Arthur F. McEvoy, as Trustees for Certain Depositors and Creditors of The First National Bank and Trust Company of Hudson under a Trust Agreement Dated October 21, 1933, Respondents, v. Samuel Liepshutz, Defendant, and Harold Liepshutz, Appellant

Alfred B. Chace, Frederick J. Longley and Arthur F. McEvoy, as Trustees for Certain Depositors and Creditors of The First National Bank and Trust Company of Hudson under a Trust Agreement Dated October 21, 1933, Respondents, v. Samuel Liepshutz, Defendant, and Harold Liepshutz, Appellant. [MAJORITY] In 1934 a judgment for $1,474.07 in an action upon a promissory note was recovered by plaintiff against appellant Harold Liepshutz and his father, Samuel Liepshutz. This appeal is from an order denying a motion to set aside the judgment upon the ground that process was not served upon appellant. The proof before the Special Term indicated that service was made. Order unanimously affirmed, with ten dollars costs. Present — Hill, P. J., Bliss, Heffernan, Schenek and Foster, JJ.