
    Roger M. Sherman, v. Herbert L. Saterlee.
   Dykman, J.:

We think the trial judge made the proper disposition of this action at the Circuit, and that the appeal is destitute of merit. Whatever may be said about the title of the defendant to the fund in controversy there is no reason why it should be recovered by the plaintiff. The judgment should bo affirmed, with costs. Barnard, P. J., and Pratt, J., concurred. Judgment affirmed, with costs.  