
    Hoffman House, New York, as Trustee, Respondent, v. Elizur V. Foote, as Executor of Edwaed S. Stokes, Deceased, Appellant.
    
      Hoffman House, New York, as Trustee, v. Foote, 126 App. Div. 944, affirmed.
    (Argued November 16, 1909;
    decided November 30, 1909.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 6, 1908, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial in an action to recover moneys alleged to have been held by plaintiff under a certain assignment or trust agreement and wrongfully withdrawn and misappropriated by defendant’s testator.
    
      Arthur O. Rounds for appellant.
    
      Charles Haldane and David McClure for respondent.
   Judgment affirmed, with costs ; no opinion.

Concur: Cullen, Ch. J., Geay, Edwaed T. Babtlett, Haight, Weenee, Willabd Babtlett and Chase, JJ.  