William H. Chapman, Respondent, v. The Town of Taylor, Appellant

William H. Chapman, Respondent, v. The Town of Taylor, Appellant. (Argued December 9, 1892; decided January 17, 1893.) Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made April 26, 1892, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Circuit without a jury. The following is the mem. of decision handed down hy the court: “ It appears by the thirty-fifth finding of fact that in 1881 the plaintiff was the owner of the bonds from which the coupons sued on were cut. That ownership presumptively continued, and is not shown to have been changed. “ On authority of Smvngs Bank case,* the judgment should he modified by deducting therefrom the sum of six hundred and fifty-seven dollars and ninety-eight cents, and, as modified, be affirmed, without costs to either party in this court.” [MAJORITY] All concur. Judgment accordingly.