
    Verene Trott as Executrix of William Trott, Deceased, Appellant, v. Valentine Schmitt, Respondent.
    
      Trott v. Schmitt, 127 App. Div. 918, affirmed.
    (Argued January 22,1909;
    decided February 16, 1909.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 5, 1908, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at a Trial Term in an action to recover money alleged to have been had and received by defendant to the use of the plaintiff.
    
      Edward W. S. Johnston and Herman G. Loew for appellant.
    
      Victor E. Whitlock for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Haight, Hiscook and Chase, JJ. Not voting: Yann, J.  